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^y gtri? co'.riv' '=^<^  (-  Sr-Ciyu- 


MISCELLANY 


OF 


THE    SPALDING    CLUB. 


ABERDEEN  ;  PRINTED  AT   THE  CONSTITUTIONAL  OFFICE, 
UY    WILLIAM  BENNETT. 


y 


THE 


MISCELLANY 


THE  SPALDING  CLUB. 


VOLUME  SECOND. 


ABERDEEN: 
PRINTED    FOR    THE    CLUE. 

M  DCCC  XLII. 


TABLE   OF   CONTENTS. 


PAGE 

The  Editor's  Preface, vii 

Plates  of  Autographs, cxxvii 

Tables  of  Contents, cxxxi 

I.  Letters  from  Simon  Lord  Lovat  to  his  Kinsman 

IN  Aberdeenshire,    m.dcc.xl — xlv 1 

II.  The   Chronicle  of  Aberdeen,  m.cccc.xci — m.d.xcv.      29 

III.  Act  for  delyverie  of   Dead  Bodies  to  the  Col- 

ledge  of  Aberdene.     M.DC.XXXVI 71 

IV.  Decreet   of   Spuilzie    of    the   House    of    Petty. 

M.D.XVII 75 

V.  Mandate    for     the     extirpation     of     the    Clan 

Chattan.     m.d.xxviii 81 

VL  Account   of   the   Watch   undertaken   by    Cluny 

Macpherson.     m.dcc.xliv 85 

VII.  MoNYMUSK  Papers,     m.d.xc — m.dcc.xx 91 

VIII.  The      Arbuthnott     Papers,      m.cccc.lxxxvii — 

M.DC.LXXXI 101 

IX.  Extracts  from  the  Register  of  the  Court  of  Re- 
gality of   SpYNIE.     M.D.XCII M.DC.1 117 

X.   Selections     from      the     Wodrow     Manuscripts. 

M.DC.V M.DC.XCVII 147 

XI.  The  Pittodrie  Papers.      m.d.xxv — M.Dc.xxvni 175 


VI  TABLE    OF    CONTENTS. 

PAGE 

XII.  The  Ebroll  Papers,     m.c.lxxxviii — m.dcc.xxvii...  209 

I.  The  Constabulary, 211 

II.  Bands  of    Manrent,    Friendship  and    Al- 
liance,    251 

III.  Letters, 285 

IV.  Charters  and  Miscellaneous  Papers, 303 

XIII.  Papers  BY  Father  Innes, 351 

XIV.  The  Order  of  Combats  for  Life  in  Scotland,  381 

XV.  Memoir  of  John  second  Earl  of  Perth, 391 

XVI.  Bulla  Ukbani  IV.  Priori  et  Fratribus  Monasterii 
Vallis    S.    Andree    de    Pluskardyn    concessa. 

m.cc.lxiii 401 

Index  to  the  Names  of  Persons  and  Places, 407 


THE  EDITOR'S    PEEFACE. 


The  duty,  which  the  Committee  of  the  Council  committed  to 
their  Secretary,  of  preparing  a  second  volume  of  Miscellanies,  has 
been  rendered  at  once  easy  and  agreeable,  by  the  zeal  and  alacrity 
with  which  his  enquiries  after  materials  were  everywhere  re- 
sponded to.  So  many  documents,  indeed,  came  into  his  hands 
through  the  ready  and  liberal  access  which  he  obtained  to  the 
charter  chests  of  ancient  and  noble  families,  that  the  task  of 
selection  became,  in  many  instances,  one  of  considerable  difficulty. 
Where  his  own  judgment  often  hesitated  whether  to  adopt  or 
to  reject,  he  can  hardly  hope  that  others  will  always  approve  of 
the  choice  which  he  has  made ;  but  he  would  fain  trust  that 
he  will  be  found  to  have  proceeded,  on  the  whole,  in  accordance 
with  the  main  object  of  the  Club, — the  illustration  of  the  history, 
the  literature,  and  the  antiquities  of  our  north-eastern  shires. 
If,  in  one  or  two  instances,  he  has  been  tempted  to  stray  beyond 
the  field  more  peculiarly  marked  out  for  the  labours  of  the  So- 
ciety, he  would  hope  that  the  interesting  or  kindred  nature  of  the 
subjects  to  which  he  may  thus  have  wandered,  will  be  accepted 
as  a  sufficient  apology. 

B 


THE    EDITOR  S    PREFACE. 


He  now  proceeds  to  offer  a  few  words   in  explanation  of  the 
various  articles  which  are  brousht  together  in  this  Volume. 


$.  Hettfrg  ftom  HorU  ILobat. 

These  seven  letters,  printed  from  the  originals  in  the  charter- 
chest  at  Castle-Fraser,  were  addressed  to  Charles  Fraser  of  In- 
verallochy,  the  ancestor  of  the  gallant  proprietor  of  that  princely 
old  manor-place,  by  his  kinsman,  Simon,  twelfth  Lord  Lovat. 
Like  everything  which  proceeded  from  the  pen  of  this  too  well 
known,  and  most  unhappy  nobleman,  they  are  highly  characteristic 
of  the  writer,  although  less  eminently  so,  perhaps,  than  those  with 
which  the  reader  may  be  familiar  in  the  CuUoden  Papers,' '^  or  in 
the  more  recently  printed  Correspondence  of  the  AthoU  Family/^' 
In  these,  nothing  but  the  failings  and  all  the  black  features  in  the 
character  of  this  remarkable  man  are  displayed,  as  he  strains  to 
the  utmost  that  insinuating  address  of  which  he  was  so  perfect  a 
master,  or  practises  with  more  than  his  accustomed  elaboration, 
all  the  craft  and  the  deep  guile  in  which  he  was  so  subtle,  to  gain 
the  ear  of  the  callous  lawyer,  or  to  deceive  the  eye  of  the  wary 
and  suspicious  statesman.  In  the  few  letters,  which  are  now  for 
the  first  time  printed,  he  appears  in  no  such  disguise.  It  may  be 
questioned,  perhaps,  if  such  a  man  dared  to  make  a  perfect  confi- 
dant of  any  one  ;  but  in  these  communications  to  his  nearest  kins- 

(1)  Culloden  Papers:  comprising  an  extensive  and  interesting  Correspondence  from  the 
year  1623  to  1748  ;  including  numerous  letters  from  the  unfortunate  Lord  Lovat,  etc. 
Lond.  1815. 

(2)  Jacoljite  Correspondence  of  the  AthoU  Family,  during  the  Rebellion,  M.DCC.  XLV. 
— JI.DCC.XLVL     Edinb.  Printed  for  the  Abbotsford  Club.     1840. 


THE    EDITORS    PREFACE.  IX 

man/"  from  whom  his  flattery  could  hope  to  win  nothing,  and  in 
duping  whom  his  craftiness  had  no  end  to  serve,  he  would  seem 
to  write  with  as  little  reserve,  and  with  as  much  sincerity  and 
plainness  as  his  double  nature  was  capable  of.  His  habit  of  in- 
dulging in  the  most  exaggerated  expressions  of  unbounded  friend- 
ship and  esteem  for  all  his  correspondents,  must  be  allowed  due 
weight  in  judging  of  the  somewhat  violent  professions  of  affection 
with  which  he  burdens  almost  every  letter  to  his  relative  ;  and 
on  this  score,  too,  something  must  be  allowed  for  his  lordship's 
long  residence  in  France. 

Number  I.  The  first  letter  is  chiefly  remarkable  for  the  cha- 
racteristic which  has  just  been  alluded  to  :  "I  was  truly  more 
concernd  than  I  can  express  in  parting  with  you.  It  was  the 
effect  of  natural  affection,  and  I  canot  help  it."  We  may  be 
suffered  to  smile  on  reading  these  words,  when  we  remember  that 
they  were  addressed  to  a  cousin  of  five  or  six  removes,  by  one 
who,  when  it  served  his  selfish  and  crooked  ambition,  was  ready 

(1)  Mr.  Fraser  of  Inverallochy,  though  but  a  cousin  often  removed,  as  may  be  understood 
from  the  slight  sketch  of  his  pedigree  which  is  subjoined,  was  the  nearest  heir -male  to 
Lord  Lovat,  in  default  of  issue  of  his  own  body ; — 

Simon  eighth  Lord  Lovat 
ob.  A.D.    1633. 


1.  Hugh  ninth   Lord  Lovat 
ob.   A.D.  1646 

I  I 

4.   Thomas  Fraser  of  Beaufort  Simon  Fraser  of  Inverallochy 

ob.  A.D.  1699  I  " 


13.  Simon  twelfth  Lord  Lotat 
demllat.  A.D.  1747. 


Simon  Fraser  of  Inverallochy 


The  eldest  son  of  this  last-mentioned  laird  of  Inverallochy,  commanded  the  Erasers  at  the 
battle  of  Culloden,  and  was  slain  there. 


X  THE    EDITOR  S    PREFACE. 

to   sacrifice  his  own  son,   with  all  the   indifference   of  a   Roman 
father. 

No  II.  is  chiefly  occupied  with  a  description  of  a  visit  to  the 
Scotish  metropolis,  and  of  the  writer's  interview  with  the  Duke 
of  Argyll  and  his  brother  the  Earl  of  Hay,  then  rival  candidates  for 
the  sway  of  Scotish  politics.  The  manner  in  which  Lord  Lovat 
relates  his  denial  of  Lord  Hay's  imputation  of  Jacobitism,  is  suflB- 
ciently  amusing.  "  I  answered  his  Lordship,  with  a  little  warmth, 
that  these  stories  were  but  damnd  calumnies  and  lyes,  and  that  I 
did  not  for  many  years  write  a  letter  to  any  person  beyond  sea, 
which  " — he  concludes  with  much  naivete, — "  loliicli,  indeed,  is 
truer  His  correspondent  did  not  need  to  be  reminded  that 
although  this  might  be  literally  true,  at  the  same  time  all  that 
could  be  charged  against  him  as  to  maintaining  the  best  possible 
understanding  with  the  court  of  the  Chevalier  de  St.  George,  was 
equally  true  and  undeniable.  At  the  very  moment  that  he  was 
with  so  much  assumed  indignation  disclaiming  his  attachment  to 
the  exiled  court,  he  was  negotiating  in  it  liis  patents  of  the  Duke- 
dom of  Fraser  and  the  Lieutenantcy  of  the  Highlands  ! 

But  to  most  readers,  perhaps,  the  chief  interest  of  this  letter 
will  be  found  in  the  account  which  it  gives  of  a  journey,  by 
chariot,  from  Inverness  to  Edinburgh,  in  the  year  1740.  To 
achieve  this  distance,  which  would  now  occupy  about  twenty 
hours,  required  then,  at  the  least,  five  days,  and,  in  this  instance, 
"  by  misfortunes,"  twelve  days,  "  which  was  seven  days  more  than 
ordinary."  Even  twenty  years  later,  the  stage-coach  that  once  a 
month  left  Edinburgh  for  London,  did  not  reach  the  latter  city  until 
the  end  of  twelve,  or  sometimes  sixteen  days.  When  the  events 
of  the  journey  are  considered,  one  will  wonder,   not  so  much  at 


THE    EDITORS    PREFACE.  xi 

his  lordship's  precaution  in  carrying  with  him  a  coach-smith  for  eight 
or  ten  stages,  as  that  such  a  thing  as  a  coach,  or  an  artisan  capable 
of  mending  one — his  lordship  modestly  calls  him  no  more  than  a 
"  wheel-wright" — was  to  be  found  in  the  country.  Only  twenty 
years  before,  Sir  Archibald  Grant  was  unable  to  drive  a  chariot 
from  Monymusk  to  Aberdeen,  a  distance  of  only  twenty  miles  ;('' 
and  not  more  than  fifteen  years  had  passed  since  a  coach  was  first 
seen  at  Inverness.  "  I  was  entertained,"  writes  Captain  Burt — the 
Mrs.  Trollope  of  Scotland  in  his  day — "  with  the  surprise  and  amuse- 
ment of  the  common  people  in  this  town,  when,  in  the  year  1725,  a 
chariot  with  six  monstrous  great  horses  arrived  here,  by  way  of  the 
sea-coast.  An  elephant,  publicly  exposed  in  one  of  the  streets  of 
London,  could  not  have  excited  greater  admiration.  One  asked 
what  the  chariot  was  :  another,  who  had  seen  the  gentleman 
alight,  told  the  first,  with  a  sneer  at  his  ignorance,  it  was  a  great 
cart  to  carry  people  in,  and  such  like.  But  since  the  making  of 
some  of  the  roads,(-'  I  have  passed  through  them  with  a  friend, 
and  was  greatly  delighted  to  see  the  Highlanders  run  from  their 
huts  close  to  the  chariot,  and,  looking  up,  bow  with  their  bonnets 
to  the  coachman,  little  regarding  us  that  were  within.  'Tis  not 
unlikely  they  looked  upon  him  as  a  kind  of  prime-minister,  that 
guided  so  important  a  machine  ;  and  perhaps  they  might  think 
that  we  were  his  masters,  but  had  delivered  the  reins  into  his 
hands,  and  at  that  time  had  little  or  no  unll  of  our  own,  but  suffered 
ourselves  to  be  conducted  by  him  as  he  thought  fit ;  and  therefore 
their  addresses  were  directed  to  the  minister,  at  least  in  the  first 
place  ;  for  motion  would  not  allow  us  to  see  a  second  bow,  if  they 

(I)  See  below,  p.  99. 
(2)  The  formation  of  the  Highland  roads  under  the  care  of  General  Wade  is  referred  to. 


Xll  THE    EDITORS    PREFACE. 

were  inclined  to  make  it."^'^  Nor  if  the  simple  Highlanders  had 
ao  judged  of  the  helplessness  of  those  who  sat  within  the  coach, 
would  they,  in  this  instance,  have  judged  much  amiss.  Before  the 
frail  but  ponderous  machine  could  be  started,  his  lordship  had  to 
wait  two  days  till  new  wheels  were  made  for  it.  Scarcely  has 
he  congratulated  himself  that  his  "  chariot  did  very  well,"  and 
relying  on  the  assurances  of  his  cai-penter,  that  "  it  woud  go  safe 
enough  to  London,"  has  dismissed  that  servant,  when  the  "  axletree 
of  the  hind  wheels  broke  in  two,"  and  his  lordship  and  his  daugh- 
ters have  to  find  their  way  to  the  nearest  inn  on  horseback,  the 
ladies,  indeed,  "  on  bare  horses  behind  footmen."  By  force  of 
men,  the  unfortunate  carriage  is  pulled  after  them,  and  at  the 
close  of  two  days'  cobbling  by  "  an  English  wheel-wright,  and  a 
smith,"  is  pronounced  to  be  again  serviceable.  Before  it  had 
travelled  four  miles,  it  again  breaks  down,  but  is  dragged  to  Blair- 
in-Atholl,  where  it  is  "  very  well  mended  by  a  good  wright  and  good 
smith."  This  commendation  seems  to  have  been  not  ill  deserved, 
for  the  machine  holds  out  now  until  three  miles  beyond  Drummond 
Castle,  when  an  axle-tree  gives  way,  and  the  travellers  are 
"  forced  to  sit  in  the  hill  with  a  boisterous  day  till  chamberlain 
Drummond  was  so  kind  as  to  go  down  to  the  Strath,  and  bring 
Wrights,  and  carts,  and  smiths,  to  our  assistance,  who  dragged  us 
to  the  plain,  where  we  were  forced  to  stay  five  or  six  hours." 
Here  the  mishaps  of  this  dismal  journey  seem  to  have  ended ; 
but  surely  the  recollection  of  them  might  have  taught  his  lord- 
ship to  speak  more  temperately  than  he  expresses  himself  in  the 
close  of  this  letter,  as  to  the  irregularities  of  the  "  damnd  Aber- 

(1)  Letters  from  a  Gentleman  in  the  north  of  Scotland  to  his  Friend  in  London,  vol.  i., 
p.  75.     edit.     Lond.   1815. 


THE    EDITOR  S    PREFACE.  XIU 

deen  post,"  which,  he  complains,  "  is  so  very  uncertain  that  there 
cannot  be  an  exact  correspondence  keept  with  any  man  in  your 
countrey,  except  with  the  merchants  that  live  in  Aberdeen." 

An  allusion,  in  the  beginning  of  the  communication,  to  Lord 
Lovat's  real  or  affected  reverence  for  the  superstitions  of  his  country, 
may  be  illustrated  by  a  passage  in  the  Letters  of  the  lively  author 
already  quoted.  "  If  I  was,"  his  lordship  writes,  "  as  much  an 
observer  of  frcits  as  I  used  to  be,  I  would  not  have  taken  jour- 
ney." Captain  Burt  tells  us  that  his  lordship  was  "  frequently 
heard  to  affirm,  that  at  the  instant  he  was  bom,  a  number  of 
swords  that  hung  up  in  the  hall  of  the  mansion-house,  leaped  of 
themselves  out  of  the  scabbards,  in  token,  I  suppose,  that  he  was  to 
be  a  mighty  man  in  arms,  and  this  vain  romance  seems  to  be  be- 
lieved by  the  lower  orders  of  his  followers ;  and  I  believe  there 
are  many  that  laugh  at  it  in  secret,  who  dare  not  publicly  declare 
their  disbelief."('>  We  may,  perhaps,  not  uncharitably  presume  that 
a  man  of  Lord  Lovat's  cast  of  mind,  would  dwell  so  much  on  this 
freit  or  omen,  less  from  his  own  belief  in  it,  than  from  the  influ- 
ence which  it  gave  him  over  his  followers.  Neither  the  Clan  nor 
their  Chief  were  sufficiently  read  in  the  science  of  forebodings,  to 
know  that,  as  Sir  Walter  Scott  has  remarked,  the  presage  was 
one  of  misfortune  : 

"  Thy   father's  battle-brand,  of  yore 
For  Tine-man  forged  by  fairy  lore, 
Did,  self-unscabbarded,  foreshotv 
The  footstep  of  a  secret  foe.'K'^) 

In  No.  III.,  his  lordship  resumes  the  history  of  his  political 
negotiations  at  Edinburgh.     The  murmurs  with  which  he  prefaces 

(I)  Burt's  Letters,  vol.  ii.,  p.  195.  (2)  Lady  of  the  Lake,  cant,  ii.,  st.  xv. 


XIV  THE    EDITORS    PREFACE. 

it,  as  to  the  insecurity  of  the  post-office,  seem  to  have  been  but 
too  well  grounded.  In  1738,  the  Earl  of  Hay,  one  of  the  states- 
men with  whom  Lord  Lovat  was  coquetting,  complains,  in  a  letter 
to  Sir  Robert  Walpole,  that  he  is  "  forced  to  send  this  letter,  by 
a  servant,  twenty  miles  out  of  town,  where  the  Duke  of  Argyll's 
attorney  cannot  handle  it ;  and  to  enclose  it  to  William  Steuart." 
And  in  1748,  the  commander  of  the  troops  in  Scotland  writes  to 
the  Secretary  of  State,  "  My  letters  are  opened  at  the  Edinburgh 
post-office  ;  and  I  think  this  is  done  by  order  of  a  noble  Duke,  in 
order  to  know  my  secret  sentiments  of  the  people  and  of  his  Grace  : 
If  this  practice  is  not  stopped,  the  Ministers  cannot  hope  for  any 
real  information."  But  Lord  Lovat  should  have  been  among  the 
last  to  complain  of  tampering  with  the  mails,  if,  as  would  appear, 
he  was  the  person  alluded  to  by  Burt  in  the  following  passage : 
"  And  lastly,  I  shall  be  very  sparing  of  the  names  of  particular  per- 
sons, not  only  as  they  are  unknown  to  you,  but,  to  tell  you  the 
truth,  in  prudence  to  myself ;  for  as  our  letters  are  carried  to  Edin- 
burgh the  hill-way,  by  a  foot  post,  there  is  one  who  makes  no 
scruple  to  intrude  by  means  of  his  emissaries,  into  the  affairs  and 
sentiments  of  others,  especially  if  he  fancies  there  is  anything  re- 
lating to  himself;  so  jealous  and  inquisitive  is  guilt."'" 

The  account  given  in  this  letter'^'  of  the  scuffle  between  a  High- 
land Chief  and  his  vassal  is  no  doubt  coloured,  in  order  to  "  feed 
fat  the  ancient  grudge  "  which  Lord  Lovat  bore  to  his  nearest  and 
most  powerful  rival  in  the  Highland  country.  StiU  no  one  will  be 
inclined  to  discredit  the  story  in  the  main,  who  remembers  that 
not  many  years  before,  two  of  the  gravest  lawyers  in  Scotland, 
were  hurried  by  the  praefervidum  ingenium  Scotorum  into  a  broil 

(1)   Burt's  Letters  from  Scotland,  vol.  i.,  p.  9.  W  Page  14. 


THE    EDITOR  S   PREFACE.  XV 

not  a  whit  less  unseemly.  In  1715,  the  Earl  of  Hay  writes  from 
Edinburgh  to  the  Secretary  of  State :  "  There  has  happened  an 
accident,  which  will  suspend  the  Justice  Clerk's  fury  against 
me  :  for,  he  and  the  King's  Advocate  have  had  a  corporal  dispute  ;  I 
mean  literally  ;  for,  I  parted  them."'-''''  And  within  four  years  after 
the  date  of  this  letter.  Lord  Lovat  himself  is  found  in  a  brawl,  in 
which  he  suffered  the  indignity  of  a  blow  on  the  face.  The  anecdote 
may  be  given  in  the  words  of  the  genealogist  of  the  Erasers  : — 

"  At  a  meeting  of  the  freeholders  and  collectors  of  the  land-tax, 
at  the  Court-house  of  Inverness,  in  1744,  for  the  choice  of  a  col- 
lector, the  Lord  President,  Lord  Lovat,  Lord  Fortrose,  and  the 
Laird  of  M'Leod  were  present.  A  dispute  having  arisen  between 
Lords  Lovat  and  Fortrose,  the  first  gave  the  latter  the  lie,  who 
retorted  by  a  blow  on  the  face.  They  were  separated  with  some 
difficulty ;  but  Eraser  of  Foyers,  who  was  in  the  gallery,  seeing  his 
chief  insulted,  jumped  into  the  assemblage,  cocked  his  pistol,  and 
presented  it  to  Lord  Fortrose.  He  would  have  been  killed,  had 
not  a  gentleman,  with  great  presence  of  mind,  throvra  his  plaid 
over  the  pistol.(^^  Several  dirks  and  swords  were  then  drawn  on 
either  side,  and  the  Court  thrown  into  great  confusion.  The  Lord 
President  and  M'Leod  seized  hold  of  Lord  Fortrose,  and  dissolving 

(1)  "  This  letter,"  says  Mr.  George  Chalmers,  "  is  in  the  Paper-Office.  Adam  Cock- 
hurn  of  Ormiston  was  Lord  Justice-Clerk  from  1707  to  1735.  Sir  David  Dalrymple  was 
Lord  Advocate,  from  1707  to  1720."     Caledonia,  vol.  i.  p.  870.     Lond.  1807. 

(2)  Captain  Burt  furnishes  a  similar  instance  of  the  attachment  which  Lovat 's  clansmen 
entertained  for  him:  '  An  English  officer  being  in  company  with  a  certain  chieftain  and 
several  other  Highland  gentlemen,  near  Killichunien,  had  an  argument  with  the  great 
man  ;  and  both  being  well  warmed  with  ushy,  at  last  the  dispute  grew  very  hot.  A  youth, 
who  was  hanchman,  not  understanding  one  word  of  English,  imagined  his  chief  was  in- 
sulted, and  thereupon  drew  his  pistol  from  his  side,  and  snapped  it  at  the  officer's  head ; 
but  the  pistol  missed  fire,  otherwise  it  is  more  than  probable  he  might  have  suffered  death 
from  the  hand  of  that  little  vermin."     Letters,  vol.  ii.,  pp.   142,  143. 

c 


XVI  THE    EDITOR  S    PREFACE. 

the  assembly,  forced  him  to  go  along  with  them.  No  sooner  did 
they  gain  the  street,  than  another  of  Lord  Lovat's  followers  sprung 
upon  Lord  Fortrose,  and  struck  him  to  the  ground  with  a  bludgeon, 
whilst  arm  in  arm  with  his  friends.  As  the  matter  betokened  a 
more  serious  aflfray  between  the  clans  Fraser  and  Mackenzie,  the 
President  had  need  of  all  his  influence  to  allay  their  difterences."*" 

It  must  be  acknowledged,  however,  that  Lord  Lovat's  letter,  if 
all  its  details  are  to  be  accepted,  casts  a  new  light  on  the  code  of 
Highland  manners.  A  clansman,  it  would  seem  from  this  instance, 
may  with  honour  submit  to  one  blow  from  his  Chief,  although  he  must 
resent  a  second  stroke  !  Either  the  spirit  of  clanship  had  much  abated 
within  forty  years,  or  Chiefs  on  the  shores  of  Loch  Fine  bore  their 
faculties  much  more  meekly  than  in  the  broad  bosom  of  Strathspey. 
Boswell  relates  that  in  1773,  when  Dr.  Johnson  and  he  visited  the 
Duke  of  Argyle  at  Inverary,  "  A  gentleman  in  company,  after 
dinner,  was  desired  by  the  duke  to  go  to  another  room  for  a  speci- 
men of  curious  marble,  which  his  grace  wished  to  show  us.  He 
brought  a  wrong  piece,  upon  which  the  duke  sent  him  back  again. 
He  could  not  refuse  ;  but,  to  avoid  any  appearance  of  servility,  he 
whistled  as  he  walked  out  of  the  room,  to  shoiv  his  independency  !  On 
my  mentioning  this  afterwards  to  Dr.  Johnson,  he  said  it  was  a 
nice  trait  of  character."'-) 

The  high  tone  of  honour  and  spotless  integrity  which  Lord 
Lovat  always  assumed,  and  maintained  even  on  the  scaffold,  and 
the    claim  which   he    occasionally^^^  advanced   to   strict  religious 

(1)  Anderson's  Historical  Account  of  the  Family  of  Frisel  or  Fraser,  pp.  lo8,.  159. 
Edinb.  18-25. 

(2)  Boswell's  Life  of  Johnson.     Mr.  Crol;er's  edit.,  vol.  iii.,  pp.  53,  54.     Lond.  1831. 

(3)  His  lordship,  it  is  well  known,  professed  to  die  in  the  faith  of  the  church  of  Rome  ;  and 
we  are  told  that  he  was  accustomed  "  to  curse  "  both  the  Reformation  and  the  Revolution, 


THE    EDITORS    PREFACE.  XVll 

principle,  are  none  of  the  least  memorable  points  in  his  cha- 
racter, when  it  is  considered  how  thoroughly  all  his  actions  belied 
both  the  one  and  the  other  pretence.  It  is  rarely,  however,  and 
only  in  such  confidential  communications  as  these  letters  to  his 
cousin,  that  he  ventures  to  cast  off  the  mask  of  fair  words, 

"  And  shews  the  Fiend  confess'd,  without  a  veil." 

"  I  entreat,"  he  writes  with  all  composure,  "  that  you  speak 
seriously  to  my  Lord,  that  he  may  engage  Glenbucket  to  write 
strongly  to  Glengerry  to  perswade  him  to  take  the  oaths.  /  know 
he  has  no  regard  for  them,  so  he  should  not  stand  to  take  a  cart 
load  of  them,  as  I  woiid  to  serve  my  friends  /" 

No.  IV.  is  of  much  the  same  tenor  as  the  one  which  pre- 
cedes it.  The  pleasure  which  his  Lordship  expresses  in  the 
acquaintance  of  his  new  political  friends,  seems  only  to  inflame 
his  wrath  against  the  faithless  clansman  whose  desertion  renders 
him  unable  to  serve  his  recent  allies  so  effectually  as  he  might 
otherwise  have  done. 

The  postscript  to  No.  V.  reveals  incidentally  the  opinion  which 
these  new  associates  entertained  of  their  Highland  friend  :  "  Duke 
Hamiltoun,  and  several  other  Lords,  asked  me,  in  a  joking  way, 
whether  that  fellow  that  has  deserted  his  Chief  and  his  Clan  is 

the  former  "  because,"  he  said,  "  it  brought  a  false  religion  on  us  " ;  the  latter,  "  because  it 
involved  us  in  a  load  of  debt."  State  Trials,  vol.  xviii.,  pp.  593,  844,  854.  Lend.  1816. 
Yet,  on  the  most  serious  of  all  subjects,  he  could  write  to  a  familiar  friend  in  such  terms  of 
levity  as  the  following  :  "  Those  are  so  many  sounds  of  trompette  that  call  me  to  another 
world,  for  which  you  and  I  are  hardly  well  prepared ;  but  I  have  a  sort  of  advantage  of 
you ;  for  if  I  can  but  dy  with  a  little  of  my  old  French  belief,  I'll  get  the  Legions  of 
Saints  to  pray  for  me ;  while  you  will  only  get  a  number  of  drunken  fellows,  and  the  inn- 
keepers, andtapister  lasses  of  Inverness,  and  Mr.  M'Bean,  that  holy  man,  etc."  Culloden 
Papers,  p.  122.   Burt  lets  fall  a  hint  of  his  lordship's  scepticism.  Letters,  vol,  i.,  pp.  269, 270. 


xviii  THE  editor's  preface. 

still  alive  or  not.  I  answered  that  he  was,  by  my  precise  and  ex- 
press orders,  and  I  said  but  what  was  true."  His  lordship  had  ex- 
pressed himself  to  the  same  effect  in  a  previous  letter,  adding 
characteristically,  "  but,  besides  that  I  coud  never  allow  a  drop 
of  the  Frasers  blood  to  be  shed,  I  knew  that  the  meddling 
with  him  now  woud  wrong  our  affair,  and,  if  an  Arrabian  killd 
him,  it  woud  be  calld  my  deed."  His  lordship  certainly  had  no 
lack  of  instruments  to  attempt  any  action  however  daring;  and 
there  is  evidently  much  of  complacence  in  the  tone  in  which  he 
writes  that  "  Gortuleg  his  [has]  four  cousin-germans,  the  most 
bold  and  desperate  fellows  of  the  whole  name,  who  woud  take 
of  Fairfields  head  at  the  Cross  of  Inverness,  if  they  were  to  be 
hanged  for  it  next  morning.  I  know  them  well,  for  they  have 
been  very  troublesome  to  me  by  their  bloody  dowels."") 

There  is  nothing  in  Nos.  VI.  and  VII.  that  offers  occasion  for 
remark,  if  we  except  a  passage(^)  from  which  it  appears  that  his 
lordship  had  fully  discerned  the  advantages  possessed  by  Scotland 
for  the  pursuit  of  the  herring  fishery,  and  had  even  himself  em- 
barked in  it.  That  this  branch  of  industry  should  have  been  so  long 
neglected,  is  truly  surprising :  Lovat  was  not  the  first  to  see  the 
gain  which  might  be  derived  from  it ;  Robert  Gordon  of  Straloch, 
nearly  a  century  previous,  had  condemned  the  slothful  negligence 
of  his  countrymen,  to  which  indeed  the  shoals  of  Dutch  vessels 
that  swarmed  round  our  bays  and  headlands  bore  reproachful 
testimony.^'' 

(1)  Page  17.  (2)   Page  26. 

(3)  "  Mare  semper   apertum   et   riavigationi    opportunum,  nisi   tempestates   impediant ; 

i|uibus,  non  solum  nostrum  hoc,  sed  omnia  maria  obnoxia  sunt :  egregie,  itidem,  piscosum  ; 

sed  homines  e  faece  vulgi,  qui  huic  vitae  sese  addixerunt,  illud  ad  quotidianos  usus,  non  ad 

lucrum  ex  negotiatione  parandum,  exercent :  unde  exteri,  (praesertim  Belgae,)  dum  quotidie, 


THE   editor's   preface.  xix 

With  whatever  distrust  his  Lordship's  professions  may  in  ge- 
neral be  regarded,  we  may  easily  believe  him  sincere  when  he 
expresses,  as  he  so  often  does  in  these  letters,  his  great  concern  for 
the  honour  and  standing  of  his  Clan  and  kindred.  Nor,  perhaps, 
was  his  affection  for  these  confined  within  the  obvious  limits  of  his 
self-interest  in  them.  Sullied  and  cramped  as  it  was  in  the  miry 
and  crooked  paths  which  he  loved  to  follow,  and  enshrined  as  it  was 
in  a  strange  casquet,  (who  does  not  remember  Hogarth's  picture  of 
him  ?)  his  was  still  the  true  spirit  of  a  Highland  chief.  Colonel 
Stewart  has  remarked,  that  he  "  possessed,  in  a  singular  degree, 
the  art  of  securing  the  love  and  obedience  of  his  Clan.  Though  at- 
tainted and  outlawed,  and  though  his  estate  was  forfeited,  and  given 
to  the  next  heir  of  the  female  line,  Mackenzie  of  Fraserdale,  yet 
such  was  the  fidelity  of  the  Clan  to  their  real  Chief,  that  they 
flocked  to  his  standard  at  the  first  summons,  quitting  his  rich 
rival,  who,  possessed  of  the  estate,  had  the  power  of  rewarding 
his  friends  and  supporters."  ('-'  On  the  evening  before  his  execu- 
tion, he  upbraided  two  of  his  countrymen,  who  came  to  visit  him, 
with  giving  their  consent  to  the  bill  for  the  abolition  of  the 
hereditary  jurisdictions  in  Scotland.  He  told  them,  that  if  he 
had  his  broadsword  by  him  he  would  not  scruple  to  chop  oft' 
their  heads,  for  yielding  their  approbation  to  such  a  measure, 
adding — as  if  the  barbaric  pomp  and  power  of  the  rulers  of  the 
Clans   were   all  that   was   worth    contending   for    in    Scotland — 


inspectantibus  nobis,  ex  hahcum  aliorumque  piscium  captura  magnum  quaestum  faciunt, 
illis,  quibus  hoc  studii  esse  debet,  ignaviam  exprobare  videntur."  Praefecturarum  Aber- 
donensis  et  Banfiensis  in  Scotia  Ultra- Montana  Nova  Descriptio,  auctore  Roberto  Gordonio, 
apud  J.  Blaeau  Theatrum  Orbis  Terrarum,  part,  v.,  pp.  103,  104.     Anistel.     1662. 

(1)  Colonel  Stewart's  Sketches  of  the  Highlanders,  vol.  i.,  p.  29.     Edinb.   1822. 


XJt  THE    EDITORS    PREFACE. 

"  For  my  part,  I  die  a  martyi-  for  my  country."  We  learn  from 
Johnson,  that,  at  a  time  when  a  Scot  was  ashamed  in  England 
to  confess  the  land  of  his  birth,  "  Lord  Lovat  boasted  to  an 
English  nobleman,  that,  though  he  had  not  his  wealth,  he  had 
two  thousand  men,  whom  he  could  at  any  time  call  into  the 
field."(')  And  Burt  tells  us,  that  as  the  Bard  of  the  Clan  was 
reciting,  in  the  hall  at  Castle  Downey,  a  Gaelic  song,  in  which  the 
exploits  and  victories  of  the  Erasers  were  celebrated,  his  Lordship, 
who  was  no  mean  scholar,  interrupted  the  performance  with  the 
exclamation,  "  There's  nothing  like  that  in  Virgil  or  Homer  !"(^) 
He  solaced  his  last  moments  with  the  thought,  that  not  even  his 
fall  and  ignominious  death  would  deprive  him  of  the  savage 
honours  due  by  his  powerful  tribe  to  the  funerals  of  the  Mac-Shimei : 
"  He  said,  that  he  had  once  made  a  codicil  to  his  will,  where  aU 
the  pipers  from  Johnie  Groat's  house  to  Edinburgh  were  invited 
to  play  before  his  corpse  ;  and,  though  that  might  not  be  thought 
proper  now,  yet  he  was  sure  some  of  the  good  old  women  in  his 
country  would  sing  a  coronach  before  him."  "  And  then,"  he  ex- 
claimed, "  there  will  be  old  crying  and  clapping  of  hands,  for  I 
am  one  of  the  greatest  Chiefs  in  the  Highlands  ! "  (')  In  the  same 
spirit,  when  his  neighbour  the  Lord  President  wearied  of  "  playing 
at  cat  and  mouse  with  him,"''')  wrote  to  tell  him  that  he  must  hence- 
forth be  looked  on  as  a  declared  enemy,  he  is  said  to  have  concluded 
his  reply  with  these  words :  "  I  pray  God  we  may  never  see  such  a 

(0  Boswell's  Life  of  Johnson,  vol.  iii.,  p.  92. 

(2)  Letters,  vol.  ii.,  p.  14. 

(3)  State  Trials,  vol.  xviii.,  p.  847. 

(4)  The  expression  is  one  of  Lovat' s,  in  a  letter  to  Lochiel :  "  My  Lord  Advocat 
plays  at  cat  and  mouse  with  me  ;  but  times  may  change,  and  I  may  bring  him  to  the  Saint 
Johnstone's  tippet." 


THE    EDITOR  S    PREFACE.  XXI 

scene  in  our  country,  as  subjects  killing  and  destroying  their  fellow- 
subjects.  For  my  part,  my  lord,  I  am  resolved  to  live  a  peaceable 
subject  in  my  own  house,  and  do  nothing  against  the  king  or  govern- 
ment. And  if  I  am  attacked  by  the  king's  guards,  and  his  captain- 
general  at  their  head,  I  will  defend  myself  as  long  as  I  have  breath 
in  me  :  and  if  I  am  killed  here,  it  is  not  far  to  my  burial  place ; 
and  I  will  have,  after  I  am  dead,  what  I  always  wished,  the 
Coronach  of  all  the  women  in  my  country,  to  convey  my  body  to 
my  grave ;  and  that  was  my  ambition,  when  I  was  in  my  happiest 
situation  in  the  world  !  "W 


M.  ^\)t  crijrouiclf  of  Eftertrecn. 

The  Diary  and  Obituary  to  which  the  perhaps  too  ambitious 
title  of  "  The  Chronicle  of  Aberdeen  "  has  been  given,  have  been 

(1)  State  Trials,  vol.  xviii.,  p.  714.  This  passage  is  not  to  be  found  in  the  letter  ac- 
tually sent  by  Lovat  to  the  Lord  President,  and  printed  from  the  original  in  the  CuUoden 
Papers,  p.  259.  The  editor  of  that  collection  therefore  rejects  the  lines  as  a  forgery  ;  but  it  is 
more  probable  that  Lovat,  after  he  had  written  them,  thought  it  wiser  to  suppress  them, 
though  he  allowed  them  to  remai:i  in  the  copy  of  the  letter  which  he  showed  to  his  friends, 
and  which,  with  this  conclusion,  was  printed  at  the  time. 

Among  other  papers  regarding  Lord  Lovat,  but  of  less  interest,  preserved  at  Castle 
Eraser,  are  the  following : — 

1.  "  Memorandum  of  Facts,  of  which  a  proof  may  be  attempted  on  the  part  of  Lord 
Lovat,  and  of  the  witnesses'  names  by  whom  the  several  facts  may  be  proved." 

2.  Letter  from  Sir  Arthur  Forbes  of  Craigievar,  Bart.,  M.P.  for  Aberdeenshire,  dated 
London,  10th  March,  written  during  Lord  Lovat 's  trial : — "  Lord  Lovat  looked  as  well 
as  ever  I  saw  him,  and  rather  fuller  in  the  face.  He  had  ane  appearance  of  resolution  and 
unconcern,  but  certainly  is  not  now  able  to  make  that  defence,  and  cross-examine  the 
evidence  without  the  assistance  of  council,  which  the  law  upon  these  sort  of  tryals  does 
not  admit  off." 

3.  "  Copy  Letter  to  Gentlemen  of  the  Name  of  Fraser,"  on  the  subject  of  the  election  of 
a  member  of  parliament  for  the  shire  of  Inverness,  dated  London,  11  th  July,  1747.  It 
appeals  very  strongly  to  the  attachment  of  the  Clan  to  their  late  Chief 


xxii  THE  editor's  preface. 

selected,  and  arranged  according  to  their  dates,  from  the  earliest 
volumes  of  the  registers  of  baptisms,  marriages,  and  deaths,  pre- 
served in  the  Charter-room  of  the  City  of  Aberdeen.  They  are 
scattered  at  utter  random  over  these  records,  and  have  obviously 
been  inserted,  vrhen  and  vfhere  any  casual  incident  recalled  an 
event  to  the  writer's  thoughts,  and  a  blank  page  invited  his  pen. 

The  chronicler,  Walter  CuUen,  younger.  Vicar  and  Reader  of 
Aberdeen,  has  fortunately  recorded  so  much  of  his  own  story,  as  to 
leave  little  on  that  head  to  be  supplied.  He  was  born  on  the  second 
day  of  November,  in  the  year  1526,('^  of  a  family,  which,  as  he  has 
neglected  no  opportunity  of  showing,  was  of  good  note  and  standing 
in  the  burgh,  or  as  our  Patron  would  have  expressed  it,  "  was  of 
the  old  blood  of  the  toun."^-'  Members  of  it  filled  the  provost's 
chair  in  the  years  1491,  1506,  1535,  1590,  and  subsequent  years; 
and  two  "  Andro  Cullens"  were  baiUies  in  the  same  year  that 
their  house  first  achieved  the  honours  of  the  mayoralty."' 

The  Vicar's  father  would  appear  to  have  been  "  Walter  Cullen, 
elder,  bailyie  of  Aberden,  and  eldest  sone  to  ane  honorabill  man, 
Androw  Cullen,  prowest  of  the  said  burgth,"  of  whom  his  son  duti- 
fully records  that  he  died  on  the  twenty-eighth  of  October, 
1561,^*)  and  that  the  "  waist  gawill  of  the  pariss  kyrk  was  com- 
pleitt "  in  the  time  that  he  was  "  maister  of  wark  to  the  glaiss 
wark  of  the  sayme."(*)    With  the  same  filial  affection  the  chronicler 


(0  Page  31. 

(2)  Mr.  Alexander  Jaffray  was  chosen  provost  of  Aberdein,  for  ane  yeir,  in  January, 
1636.  Many  lichtleit  both  the  man  and  the  election,  not  being  of  the  old  blood  of  the 
toun,  but  the  oy  of  ane  baxter  ;  and  therefor  was  set  doun  in  the  provest's  deass  befor  his 
entering,  ane  baken  pye,  to  sermon.  This  was  done  diverse  times  ;  but  he  miskend  all,  and 
never  quarrelled  the  samen."     Spalding,  Hist,  of  Troub.  vol.  i.  p.  40. 

(3)  Page  31.  (4)  Page  35.  (s)  Page  33. 


THE    EDITOR  S    PREFACE.  XXlll 

twice  inserts  the  record  of  his  mother's  death,  "  Besse  Praitt, 
doithar  to  Thomas  Praitt,  bailye  of  Aberden."^')  We  learn  farther 
that  Walter  was  a  younger  brother :  Robert  the  eldest  son  of  his 
parents,  with  another  of  his  name,  "  departtit  in  the  feidill  of 
Peynky,  striken  betuix  Scoitland  and  Ingland,  the  tentt  day  of 
September,  1547."(2) 

Our  author  was  not  the  first  of  his  family  who  was  Vicar  of 
Aberdeen.  His  uncle  died  in  that  office  in  July,  1560.W  That 
Walter  himself  had  not  been  designed  to  take  orders  in  the  church 
of  Rome  is  all  but  certain.  In  April,  1561,  only  a  few  months 
after  the  accomplishment  of  the  Reformation,  he  styles  himself 
"  bwges  of  Aberden,"  and  then  records  the  death  of  his  first  wife, 
"  Janett  Tulidefe,  doichter  to  an  honorabill  man,  Maister  Andrew 
Tulidefe,  bailye  of  Aberdeen."  He  married  again ;  and  by  his 
second  spouse,  Elspaitt  Tulideffe,  had  a  son,  John,  bom  in  July, 
1571,  and  a  daughter  Margaret,  born  in  October,  1572.  He  had 
another  son,  Duncan,  born  probably  in  his  first  marriage. 

It  was  apparently  about  the  year  1570  that  Walter  was  ap- 
pointed "  Reader "  of  Aberdeen, — an  office,  now  obsolete,  in  the 
Reformed  Kirk,  the  nature  of  which  may  be  learned  from  the  fol- 
lowing passage  in  the  "  First  Book  of  Discipline,  or  the  Policie 
and  Discipline  of  the  Church,"  drawn  up  in  May,  1560: 

"  To  the  churches  where  no  ministers  can  be  had  presentlie,  must  be  appointed 
the  most  apt  men  that  distinctlie  can  read  the  Common  Praiers  and  the  Scriptures, 
to  exercise  both  themselves  and  the  church,  till  they  grow  to  greater  perfection  ; 
and  in  process  of  time  he  that  is  but  a  Reader  may  attain  to  a  farther  degree, 
and  by  consent  of  the  church  and  discreet  ministers,  may  be  permitted  to  minis- 
ter the  sacraments  ;  but  not   before  that  he   be  able   somewhat  to  perswade  by 

(1)  Page  32.  (2)  Page  34.  (3)  Page  34. 

D 


XXIV  THE    EDITOR  S    PREFACE. 

wholesome  doctrine,  beside  his  Reading,  and  be  admitted  to  the  ministerie  as  before 
is  said."(') 

The  Reader  of  Aberdeen  was  entrusted  also  with  the  duty  of 
catechising.  On  the  fifth  of  June,  1578,  it  was  ordained  by  the 
Kirk  Session  of  the  burgh, 

"  That,  for  instructing  of  the  haill  indwellaris  of  this  burght,  als  veill  young  as 
auld,  in  the  Catechisme,  that,  in  times  cuming,  the  Reider  reid  ane  portioun  of  the 
Catechisme,  and  the  bairnes  to  answer  him  ;  and  that  howoft  the  Prayaris  be  red 
on  the  Soneday  in  tymes  cuming."(2) 

In  1604,  it  was  enacted,  by  the  same  ecclesiastical  court,  that 

"  The  Radar  of  the  auld  kirk  repeat,  at  the  ending  of  the  Prayers,  both  on  Son- 
day  in  the  morning,  and  on  the  veek  dayes,  the  Ten  Commandis  als  weill  as  the 
Beleiff,  that,  be  the  oft  repeting  and  hering  of  thame,  the  commoun  pepill  may 
lerne  the  same  perquier."(3) 

The  salary  which  CuUen  derived  from  this  office  was  twenty 
pounds  of  Scotish  money  ;  and  in  the  register  from  which  we  learn 
this  circumstance,  the  date  of  November,  1570,  is  added  to  his 
name  as  if  to  indicate  that  that  was  the  first  term  of  payment  to 
him.(^) 

Seven  years  afterwards,  he  acquired  the  reversion  of  the  vicarage 
of  Aberdeen,  through  an  arrangement  which,  as  described  by  him- 
self, furnishes  a  striking  example  of  the  looseness  and  disorder  which 
then  prevailed  in  ecclesiastical  affairs.  It  has  been  seen  that  his 
uncle,  Andrew  CuUen,  Vicar  of  Aberdeen,  and  Parson  of  Fettemeir, 

(0  First  Book  of  Discipline,  chap,  iv.,  part  iv.,  §.  14. 

(2)  Kirk  Session  Register  of  Aberdeen,  vol.  i. 

(3)  Id.  vol.  ii. 

(<)  "  The  Registre  of  Ministers  and  thair  Stipendis  sen  the  yeir  of  God  1567."  Regis- 
ter of  Ministers,  Exhorters,  and  Readers,  and  of  their  Stipends,  after  the  period  of  the 
Reformation.  ■  Edinburgh :   Printed  for  the  Maitland  Club,  1830. 


THE    editor's    preface.  XXV 

died'"  just  one  month  before  the  church  of  Rome  ceased  to  be  the 
established  church  in  Scotland,  and  the  celebration  of  her  offices 
was  prohibited  by  law.  A  successor  to  him  in  the  cure,  of  the 
same  faith  and  communion,  had  nevertheless  been  duly  appointed  ; 
and,  in  June,  1677,  this  successor.  Sir  John  Colison,  Subchanter 
and  Vicar  of  Aberdeen,  appears,  by  his  procurator,  before  the  Bishop 
of  the  proscribed  church,  (who,  notwithstanding  the  Reformation, 
continued  to  the  day  of  his  death  in  the  exercise  of  all  his  tem- 
porall  powers,  and  occasionally  also  of  his  spiritual  functions),  and 
demits  the  office  in  favour  of  his  nephew,  our  chronicler ;  and  he, 
although  a  zealous  Reformer,  and  holding  an  ecclesiastical  charge 
in  the  Reformed  Kirk,  takes  collation  to  the  Vicarage  from  the 
hands  of  the  Bishop, — "  and  thairefter,  my  Lord  of  Aberden  geyf 
the  said  Walter  Cullen  coUacioim,  be  ane  ryng  on  his  fynger;  on 
the  quhilkis  the  said  Walter  twik  instrumentis."^-) 

The  Vicar  of  Aberdeen  survived  the  year  1595  :  the  exact  time 
of  his  death  has  not  been  observed,  though  it  is  known  to  have 
been  before  the  year  1610.  On  the  fourth  of  February  in  that 
year,  the  Kirk  Session  of  Aberdeen  "  ordanit  the  sovme  of  ten 
pundis  to  be  gewin  be  the  collectour  to  Margreatt  Cullen,  dochter 
to  vmquhill  Walter  Cullen,  Redar,  for  the  said  Walteris  Bookes 
of  Baptisme,  Mariage,  and  Buriall,  delyuerit  be  hir  to  the  Bishop 
to  be  furthcummand  to  the  vse  of  the  tovra.''^*^  From  this  notice, 
it  appears  that  Cidlen  had  formed  and  kept  these  registers  for  his 
own  private  use ;  the  duties  of  his  office,  as  explained  by  the  fol- 
lowing ordinances  of  the  Kirk  Session,  affording  him  facilities  for 
collecting  the  information  which  he  has  embodied  in  them  : — 

(1)  Page  34.  (2)  Page  43. 

(3)  Kirk  Session  Register  of  Aberdeen,  vol.  iii. 


xxvi  THE    EDITOR  S    PREFACE. 

22n(l  April,  1568.  "  The  said  day  it  is  ordainit  be  the  Assemblee  [that  is, 
the  Kirk  Session]  that  nethir  the  Minister  nor  Redar  be  present  at  contractis  off 
mariage  making,  as  thai  call  thair  handfastingis,  nor  mak  na  sik  band  ....  but  that 
the  names  off  the  promesaris  be  gevin  in  to  the  Redar,  to  proclame  the  bannis 
thairby,  and  that  na  money  be  tane  thairfoir." 

9th  September  1573.  "  Ordainit  that  the  fader  off  the  barn  that  is  to  be  bap- 
tised, and,  in  his  absens  the  neirest  freind  off  the  barne,  or  the  gosseppis,  cum  the 
day  befoir  the  barn  is  to  be  baptised,  and  shew  the  Redar,  to  the  effect  he  may 
aduerteis  the  Minister  quhidder  the  barn  be  gottin  in  matrymony  or  no." 

The  events  recorded  in  the  diary  of  the  Vicar  of  Aberdeen  do 
not  call  for  any  remark.  They  are  for  the  most  part  such  as  fell 
under  his  own  observation,  and  but  for  his  care  would  not  have 
reached  our  days.  They  are  chiefly  valuable,  therefore,  to  the 
local  antiquary  and  the  genealogist.  He  notices,  though  with  un- 
satisfactory brevity,  almost  all  the  memorable  transactions  of  his 
time  in  Scotland,  but,  in  only  one  instance,  does  he  advert  to  those 
of  any  foreign  country ;  and  he  records  the  Massacre  of  Saint  Bar- 
tholomew ^'^  less  perhaps  for  its  own  importance,  than  for  the 
opportunity  of  indulging  his  pride  of  family,  by  claiming  the  Admiral 
Coligni  as  a  "  CuUen."  (^^  It  may  be  permitted  to  smile  at  the 
bigotry  or  the  credulity  of  the  good  vicar,  in  seriously  charging  the 
murder  of  his  illustrious  namesake  on  the  learned  doctors  and 
fathers  who  met  in  council  at  Trent,  and  in  attributing,  with  all 
gravity,  the  atrocious  massacre  of  Paris  to  a  decree  of  that 
memorable  Synod. 

The  account  which  Cullen  gives  of  the  "  consecration,"  in  1577, 
of  Mr.  David  Cunningham,^')  to  the  see  of  Aberdeen,  is,  though 
brief,  not  without  interest,  as  the  only  notice  which,  so  far  as  the 
Editor  knows,  has  been  preserved  of  the  forms  used  in  the  in- 

(1)  Pages  37,  38.  (2)  Page  39.  (3)  Pages  46,  47. 


THE    EDITORS   PREFACE.  xxvii 

stallation  of  the  titular  bishops  in  Scotland,  between  the  year 
1572  and  the  year  1606,  when  an  Ordinal  scarcely  differing  in  any 
thing  from  the  order  appointed  in  the  church  of  England  was 
introduced. 

Of  the  copies  of  verses  inserted  in  the  registers,  one  bears  to  be 
"  collectit  and  writin  "  by  Cullen ;  but  it  may  perhaps  be  doubted 
if  these  terms  altogether  warrant  us  in  assuming  that  the  lines 
were  composed  by  him.  We  are  without  even  this  authority  for 
affirming  that  the  other  poems  are  of  his  composition ;  and  too 
little  of  the  fugitive  poetry  of  the  sixteenth  century  has  been  pre- 
served, to  entitle  us  to  adjudge  them  to  the  Vicar  of  Aberdeen,  on 
the  ground  that  no  other  copies  but  his  are  known  to  exist.  None 
of  the  poems  is  wholly  without  merit ;  and  the  "  Godlie  Ballett  of 
ane  Synnar  cryand  on  God  for  merce  in  tyme  of  trowbill "  contains 
one  or  two  stanzas  which  it  would  be  difficult  to  improve  either  in 
feeling  or  in  expression.  A  scarcely  intelligible  fragment  of  another 
poem,  inserted  in  the  same  volume,  is  added  in  a  note,''^  as  pre- 

(1)  Wa  is  the  man  that  wantis  .... 
Into  the  tyme  that  he  hes  .... 
And  wa  is  the  man  that  .... 
And  of  his  fois  he  hes  .  .  . 
Wo  is  the  man  that  wow  .  . 
And  hes  na  hoip  to  cum  .... 
And  wo  is  the  man  that  mar  .  .  . 
And  than  with  hir  his  .  .  . 
Wois  the  man  that  lyis  .  . . 
And  hes  na  hoip  to  ryise  and  mend 
Wois  the  man  that  is  cum  of  gentill  .... 
And  hes  na  gold  nor  geir  to  spend 

Furth  throcht  yone  finest  .... 
And  at  the  xii  hour  of  the  day 
I  hard  ane  kynd  cheild  .... 
In  yone  wod  syid  quhair  that  I  lay 
He  sichis  oft  and  sayis  Alace 
All  warldlie  joy  is  fra  me  away 


XXVni  THE    EDITORS    PREFACE. 

serving    the  name    of   an    author   who,    it    is   believed,    has  not 
hitherto  been  noticed  by  any  historian  of  Scotish  poetry. 

Than  to  him  selfF  can  he  say 
Thair  is  na  God  bot 

Thus  a  behard  the  nichtingall 

Sayes  man  I  mervell  of  thy  fair 

Is  thi  God  ather  deid  or  seik 

Nor  he  ma  mend  the  of  thy  cair 

Quhat  wantis  thow  lythis  or  landis  braid 

Or  gold  or  geir  to  the  ending  day 

The  taill  is  trew  I  to  the  tell 

God  will  be  God  quhen  gold  is  away 

Geir  will  cum  and  geir  will  gang 

All  warldlie  riches  is  bot  ane  len 

The  tail  is  trew  rycht  I  to  the  tell 

God  will  be  God  quhen  gold  is  gane 

The  cheild  med  answer  yit  to  the  bird 

The  bonie  bird  sat  on  the  mold 

Thow  hes  hard  tell  and  say  haiff  I 

Men  haiff  wyn  werschip  throcbt  thair  gold 

Rather  ladyis  fair  and  landis  braid 

And  castellis  bigit  of  lyme  and  stane 

For  fait  of  gold  I  wes  forsaikin 

And  than  my  gold  wald  sen  me  nein 

And  quhairfor  murnis  sayis  the  bird 
And  all  is  for  ane  gay  lady 
Thair  com  another  than  did  hir  wed 
Qvhilk  I  wint  best  haid  luiffit  me 
Giff  that  thow  luiffit  that  ladie 
Bot  ane  sa  sorrofuU  and  sa  trew 
Peraduentour  hir  knycht  ma  die 
Scho  will  marie  the  and  the  low 
This  knycht  deid  into  dispair 
Na  kynd  of  lyiff  was  for  him  .  .  . 

Off  this  ballet  ye  will 

Bot  God  will  be  God  quhen  gold  is  gane 

Finis  quod  NICOLSOUN 

The  following  stanzas  are  found  on  a   fly  leaf  of  the  earliest  volume  now  extant  of 


THE    EDITORS    PREFACE. 


The  keepers  even  of  public  and  official  registers  in  the  sixteenth 
and  seventeenth  centuries,  so  often  inscribed  verses  on  the  spare 
pages  of  their  records,  that  there  need  be  no  surprise  at  the  mis- 


the  register  of  the  Sheriff  Court  of  Aberdeenshire,  extending  from  the  year  1503  to  the 
year  1511  ; 


Saturneis  his  frostie  face 
Wytlit  chilling  cold,  had  peerst  the  tender  grene 
The  mantillis  rent  quhairin  enwrapped  bene 
The  gladsome  groues  that  now  lay  owerthravane 
The  lapetis  torne,  and  euerie  tre  doune  blowane 

2 
The  soyll  that  earst  so  seamlie  was  and  seene 
.  .  .  was  despoyled  of  hir  bewties  hew 
And  for  fresche  fleuris  quhairwith  the  sumaris  queen 
Had  clad  tlie  erth,  now  Boreas  blastis  doun  blew 
And  small  fowlis  flocking  in  thair  singis  did  rue 
The  winteris  wrath  quhairwith  ech  thing  defast 
In  wofuU  wyss  bewaild  the  somer  past 

3 
Hawthorne  had  lost  his  motlay  luverye 
His  naked  tuigs  war  shiuering  all  for  cold 
And  droping  doune  the  teiris  aboundantley 
Ech  thing  (me  thocht)  with  weiping  eyine  told 
The  cruall  season,  biding  nie  withhold 
My  self  within,  for  I  was  gotan  out 
Into  the  feildis  quhair  as  I  walk  about 

4 
When  lo  the  nicht  with  mistie  mantles  spred 
Gan  dark  the  day  and  dime  the  azuir  skies 
And  Venus  in  hir  mesag  Hermes  sped 
.     .     .     die  Mars  to  will  him  nocht  to  ryss 
scho  hir  self  approcht  in  speddie  wyss 
And  Virgo  hayding  hir  disdainful!  breist 
With  Thetis  now  had  laid  hir  doune  to  rest 

5 

Icetera  desunt.] 


XXX  THE    EDITOR  S    PREFACE. 

cellaneous  contents  of  Walter  Cullen's  register,  designed  as  it  was 
for  his  own  private  use.  In  one  of  his  volumes  he  has  inserted  a 
collection  of  medical  prescriptions,  of  which  a  few  are  subjoined, 
as  specimens  of  the  popular  pharmacopeia  at  the  close  of  the 
sixteenth  century.  The  first  of  these  recipes  was  probably  not  the 
least  useful  in  an  age  and  city  where  municipal  statutes  were 
needed  to  restrain  the  boisterous  hospitality  of  the  people.O 

AGANIS    THE    HELD    AIKING    BY    TO    MEIKILL    DRINKING 

Tak  rue  levis  and  bray  thame  [in]  wynager  and  put  roissis  to  thame  and  bitter 
;ilmoundis  and  with  this  rub  your  heid  and  ye  salbe  eisit 

FOR    TUITHE    AIK 

Tak  pellodrommy  rwit  and  put  betwene  thair  gumis  and  it  will  put  away  the 
greiff 

TO    GAR    ANE    SLEIP 

Tak  egromonie  and  put  it  vnder  thair  heidis  that  thai  waitt  nocht  of 

GUrO    FOR    SWELLING 

Tak  plaister  maid  of  wormewod  with  fresche  butter  or  hoggis  ereische  in  sted 
of  butter  and  presse  tham  togidder  and  la  the  same  to  the  soir 

REMEID    FOR    THE    RINGWORME 

Tak  the  frothe  of  quheit  saip  and  straik  on  the  sair 

FOR    ANE    HOILLIT     TUITHE 

Tak  alme  pepper  and  ginger  and  birne  them  togidder  be  thai  become  lyik  wax 
and  put  the  sam  in  the  hoill  of  the  tuith 

FOR    CAULD 

Tak  garleik  and  het  milk  and  seith  thame  togidder  and  drink  it  in  the 
raornynge  tua  or  thre  days 

TO     CAUSE    ANE    BTILL    BRAIK    OR    GADDER    ANE    HELD 

Tak  ane  onyeoun  and  rost  weill  and  tak  wormewod  and  syne  bra  them  in  ane 

(1)  In  1625,  it  was  enacted  by  the  Town  Council  of  Aberdeen,  "  that  no  person  should, 
at  any  public  or  private  meeting,  presume  to  compel  his  neighbour,  at  table  with  him,  to 
drink  more  wine  or  beer  than  what  he  pleased,  under  the  penalty  of  forty  pounds."  Ken- 
nedy's Annals  of  Aberdeen,  vol.  i.,  p.  176. 


THE    EDITOR  S   PREFACE.  XXXI 

morter  and  la  to  the  byill  or  tak  surrakis  and  rost  thame  in  an  dokane  and  la  thanie 
to  the  byile 

TO    PUT    AWAY    WARTIS 

Tak  egromonie  and  stamp  it  with  wynager  and  la  it  to  the  wartis  /  or  tak  mari- 
guld  and  salt  bra  tham  and  lay  thani  to  the  wartis  afoir  the  sonne  ryise 
FOR  eskingC 
Tak  sege  and  stamp  it  with  winager  and  eit  the  same 

REMEID    FOR    DEIFFNES     IN    THE    EIKIS 

Tak  a  quik  eill  and  put  it  on  a  speit  alive  and  rost  it  /  tak  the  greis  that  cumithe 
out  of  it  thane  tak  a  garleik  heid  rostit  vpon  the  eoillis  or  cenderis  and  tak  ane 
code  or  huske  of  the  same  garleik  at  a  tyme  and  put  in  the  said  greis  and  so  put 
it  hel  in  to  his  eir  holding  his  eir  vpward  the  space  of  ane  Credo  and  yow  sail  sie 
the  filthie  humour  cum  out  of  his  eir  and  he  salbe  heajit 


M5.  ^tX  iQX  trrlijbprir  of  tirati  iotiics  to  t|)p  (JTollftisr  of 

This  document,  which  is  now  for  the  first  time  printed  from  the 
Privy  Council  Register,  furnishes  interesting  evidence  of  the  pro- 
gress which  the  study  of  anatomy  had  made  in  Scotland  in  the 
beginning  of  the  seventeenth  century. 

We  could  hardly  have  anticipated  that,  within  a  hundred  years 
after  the  revival  or  creation  of  the  science,  and  in  less  than  sixty 
years  after  its  practical  study  by  dissections  had  become  general 
even  in  Italy  and  France,  (then  the  great  schools  of  medicine), — 
it  would  be  taught  in  Aberdeen  on  a  scale  which  required  that  two 
human  subjects  should  be  provided  yearly  for  the  purpose.  There 
is  less  reason  to  be  surprised  at  the  readiness  with  which,  in  that 

(I)   Hiccupping. 
E 


XXXU  THE    EDITOR  S    PREFACE. 

age,  the  state  ordered  the  bodies  of  criminals  or  poor  strangers  to 
be  delivered  to  the  medical  schools.  The  celebrated  Fallopius  (who 
died  in  the  year  1503)  tells  us,  says  Mr.  Hallam,  "  that  the  Duke 
of  Tuscany  was  sometimes  obliging  enough  to  send  a  living  criminal 
to  the  anatomists,  (piem  interficimus  nostra  modo  et  (matomisamus  ! 
Sprengel  suggests  that  '  nostra  moda '  meant  by  opium  ;  but  this 
seems  to  be  merely  a  conjecture.''^) 

An  account  of  the  University  of  Leyden,  published  in  1614,  con- 
tains a  curious  engraving  of  its  anatomical  theatre,  which,  together 
with  a  botanical  garden,  seems  to  have  been  established  by  Peter 
Paaw,  who  became  Professor  of  Anatomy  and  Botany  there,  in  the 
year  1589.  Some  idea  of  the  strange  aspect  of  the  place  may  be  ga- 
thered from  the  following  description  which  accompanies  the  plate: — 

"  Habes  hie,  spectator  candide,  veram  delineationem  Anatomiae 
celeberrimae  Academiae  Lugduno-Batavae,  quae  ibidem  conspi- 
citur  more  amphitheatri  Romani  exstructa.  Locus  ille,  a  nobilis- 
simis  ejusdem  Academiae  UD.  Curatoribus,  sectioni  corporis  hu- 
mani  est  destinatus,  in  usum  medicinae  studiosorum,  et  aliorum 
quorum  constitutionem  corporis  humani  novisse  interest.  Cemis 
ita  esse  constructam,  ut  sex  subselliorum  gradus  contineat,  in  collis 
morem  leniter  assurgentium  :  horum  subselliorum  infimus  et  primus 
ordo  vacat  Professoribus,  et  si  qui  sint  illustri  nobilitate  aut  fama 
insignes  ;  secundus  assignatus  studiosis  medicinae ;  reliqui  deser- 
viunt  usibus  eorum,  qui  studio  videndi  discendique  frequentes  eo 
conveniunt.  Quo  tempore  Anatomia  non  exercetur,  disposita  sunt, 
apto  et  eleganti  ordine,  per  singulos  subselliorum  gradus,  plurima 
diversorum   animalium   ossea    cadavera,    (liceat  ita    vocare  totam 

(0  Ilallam's  Introduction  to  tlie  Literature  of  Europe,  vol.  ii.,  p.  480,  note. 


THE    EDITOR  S    PREFACE.  XXXllI 

istam  ossium  compagem,  quam  Graeci  sceleton  dixere,)  mirabili 
artificio  inter  se  connexa ;  tam  virorum  et  feminarum,  manu  sua 
vexilla  insignioribus  sententiis  ornata  tenentium,  quam  aliorum 
animalium  quadrupedum  et  volucriuni,  ut  equi,  vaccae,  porci,  cervi, 
lupi,  caprae,  aquilae,  cygni,  mustellae,  simiae,  felis,  gliris,  muris, 
talpae,  ossa.  Visitur  etiam  praeparata  pellis  humana,  et  intes- 
tina ;  praeterea,  ad  ipsum  Anatomiae  ingressum,  in  loco  edition, 
varia  instrumenta  Anatomica  visuntur,  quae  omnia  magna  cum  ad- 
miratione  eorum  ibi  spectantur  qui  hunc  locum  invisunt."  (') 

Dr.  William  Gordon,  Professor  of  Medicine  in  the  King's  Col- 
lege, on  whose  petition  this  act  of  the  Privy  Council  was  passed, 
had  the  reputation  of  much  learning  and  worth  among  his  contem- 
poraries. He  died  on  the  tenth  of  March,  1G40.  The  Editors  of 
Gordon's  History  of  Scots  Affairs,  have  in  a  note  to  that  work,^^* 
gathered  together  the  few  notices  of  him  which  have  been  pre- 
served. 


lU.  Mztxtzt  of  S'Puilfic  of  \\)t  l^ousf  of  \MXy}. 

So  little  is  known  of  the  domestic  manners  of  our  ancestors,  that 
interest  attaches  even  to  such  a  dry  catalogue  of  the  furniture  and 
appointments  of  a  Scotish  castle,  in  the  sixteenth  century,  as  is 
presented  in  this  paper,  which  is  printed  from  the  original  in  the 
charter  chest  at  Kilravock. 

The  spuilzie  of  the   house   of  Petty,  in  Murray,  for  which  the 

(1)  niustrium  HoUandiae  et  Westfrisiae  Ordinvm  Alma  Academia  LeidensU,  p.  2.10. 
Lugd.  Batav.   1614. 

(2)  Volume  iii.,  p.  128. 


THE    EDITOR  S    PREFACE. 


Laughlan 

Mackintoshie 

slain. 


James  Mai- 

colmesone 

slain. 


The  Clan- 
Chattan  doe 
spoile  the 
Earle  of  Mur- 
ray his  lands. 


law  provided  this  act  of  redress,  originated  in  the  murder  of  the 
Chief  of  the  Clan  Chattan,  in  the  beginning  of  the  sixteenth  century. 
The  story  may  be  told  in  the  words  of  Sir  Robert  Gordon,  whose 
chronology  however  is,  in  this  instance,  not  altogether  accurate : 

"  The  yeir  of  God  one  thowsand  fyve  hundred  tuentie-and-six,  ther  wes  a  great 
truble  and  eivill  dissention  among  the  Clanchattan.  The  cheiff  and  head  of  the 
kinred  wes  called  Laughlan  Mackintoshie,  a  man  of  great  possessions,  and  of  such 
excellencies  of  witt  and  judgement,  that  with  great  commendation  lie  did  conteyn 
all  his  followers  within  the  limits  of  ther  dueties  ;  which  constraints,  when  they 
culd  hardlie  bear,  did  withdraw  the  hearts  of  many  men  from  him,  among  whom 
wes  his  owne  kinsman,  James  Malcolraesone,  who,  thirsting  after  the  desire  to 
rule,  took  occasion,  by  the  injuries  of  the  tyme,  traiterouslie,  with  deceat,  to  kill 
this  Mackintoshie.  After  which,  fearing  greater  truble  to  ensue  towards  him,  he 
flieth  to  the  yle  of  the  loch  of  Rothiemurcose,  as  a  sanctuarie  or  defence  for  him. 
Bot  the  rest  of  the  Clanchattan  did  pursue  him  with  such  eager  mynds,  that  by 
force  taking  him  in  the  yle,  they  killed  him  and  many  of  his  confederats.  Ther- 
efter,  becaus  the  sone  of  Mackintoshie,  for  his  tender  age,  wes  not  able  with 
fear  and  punishment  to  brydle  the  mynds  of  his  clane  and  familie,  by  commoun 
consent  they  choose  Hector  Mackintoshie,  bastard  brother  of  the  slain  man, 
that  he  might  govern  thera,  vntill  his  young  nevoy  might  grow  to  years,  and 
guyd  his  owne  tryb. 

"  In  the  meantyme,  the  Earle  of  Morray  made  the  chyld,  being  his  sister's  sone, 
to  be  careid  away  to  the  Ogilvies,  wher  he  should  be  weill  instructed  in  learning 
and  vertue.  Wherat  Hector  wes  greatlie  oifended,  to  sie  the  chyld  by  subtiltie 
taken  from  him,  and  attempted  everie  way  he  might  to  get  the  chyld  into  his  pos 
session,  therby  to  recover  his  credet  and  authoritie.  Bot  the  Earle  of  Morray  pre- 
served the  chyld,  so  that  he  fell  not  into  Hector  his  hands  ;  wherwith  Hector  being 
highly  incensed,  caused  his  brother  William,  and  others  of  his  kindred  (joyning 
ther  forces  together),  vex  the  Earle  of  Morray,  and  spoile  his  possessions  ;  which 
they  did  with  so  great  furie,  that  overthrowing  the  fort  of  Dykes,  and  besidgeing 
the  castell  of  Tarnoway,  they  executed  many  slaughters,  spoils,  and  burnings  ;  and 
not  contented  with  what  they  had  done  against  the  Earle  of  Morray,  they  goe  one 
against  the  Ogilvies,  and  plaeed  their  camp  at  the  castle  of  Pettens,  which  be- 
longed to  the  Laird  of  Durnens,   one  of  the  families  of  the   Ogilvies.     They  be- 


THE    EDITOR  S    PREFACE.  XXXV 

seidged  the  same  so  furioiislie,  that  the  fort  in  end  wes  yeilded  vnto  them,  which  The  Clan- 

wheyi  they  had  entered,  they  killed  four -and-tuentie  of  the  Ogilvies  whom  they  found   ,   '^  .^°   ."^^ 

therin."(0  four  of  the 

Ogilvies. 

Through  an  error  of  the  transcriber,  which  the  Editor  only  dis- 
covered vphen  it  was  too  late,  this  document  has  in  the  text  been 
assigned  to  the  reign  of  King  James  VI.  instead  of  that  of  King 
James  V.     Its  true  date  is  not  1571  but  1517. 


U.  aettcrs  of  Jfire  anti  ^bjorti  against  tijc  Otlan  OTijattan. 

The  same  unfortunate  oversight  which  has  been  alluded  to, 
led  to  the  misdating  of  these  Letters,  in  the  text,  by  a  period  of 
more  than  half  a  century.     They  really  belong  to  the  year  1528. 

Like  the  preceding  paper,  this  is  printed  from  the  original  in 
the  charter  chest  at  Kilravock ;  and  refers  to  the  same  insurrec- 
tion or  outbreak  of  the  Clan  Chattan.  The  manner  in  which  this 
merciless  mandate  for  the  extermination  of  a  whole  tribe  was 
fulfilled,  is  thus  told  by  the  historian  of  Sutherland,  in  a  continua- 
tion of  the  passage  above  quoted  : 

"  Whervpon  the  Earle  of  Morray  obtained  a  commission  from  the  King 
against  tliem,  and  haveing  assembled  aue  army,  he  surprised  them  and  there  cun- 

(1)  Sir  Robert  Gordon's  Genealogical  History  of  the  Earldom  of  Sutherland,  pp.  99, 
100.  Edinb.  1813.  The  affair  is  briefly  noticed  by  the  historian  of  Murray,  whose  chro- 
nology seems  also  at  fault.  "  I  find,  that  Elizabeth,  daughter  of  Sir  James  Dunbar  of  Cum- 
nock, who  died  in  1505,  was  married  to  John  Ogilvie  of  Strathiiairn  (jjen.  Westf.)  Ogilvie 
resided  at  Hall-hill  in  Pettie.  Lachlan  Laird  of  Macintosh  being  murdered  by  some  of 
his  Clan  in  1324,  James  Earl  of  Moray  committed  the  young  Laird  of  Macintosh  (who 
was  his  nephew)  to  the  care  of  the  Laird  of  Strathnairn.  The  Macintoshes  resented  this 
as  an  indignity,  demolished  the  house  of  Hall-hill,  and  killed  twenty-four  of  the  Ogilvies, 
about  the  year  1331.  (MS.  Hist.  Maclnt.  and  Kilr.)"  Shaw's  History  of  the  Province 
of  Moray,  pp.  123,  120.     Edinb.  1773. 


XXXVl  THE    EDITORS    PREFACE. 

William  Mack-  trey,  and  took  above  livo  hundred  of  them,  together  with  William  Mackintoshie, 
two  hundred  of  '''®  brother  of  Hector.  They  were  all  hanged ;  but  William,  after  his  death,  wes 
the  Clanchat-  quartered,  and  his  head  wes  fastned  vpon  a  pole  at  Dykes.  The  rest  of  his  four 
the'  Earh-'^of  ^  qu^i'tprs  were  sent  to  Elgyn,  Forres,  Aberdeen,  and  Innernesse,  ther  to  be  set 
Murray.  vp  to  the  example  of  others.     None  of  all  these  tuo  hundred   culd  be  induced 

to  confesse  wher  ther  captan  Hector  wes,  yea,  although  lyfF  wes  severallie 
Wonderfull  promised  to  everie  one  of  them,  as  they  wer  led  along  to  the  gallowes.  Ther 
ther  caDtene  °  ^^''^  ^^^^   *°   ''^'^®  '°    *^®'"   captane,   that    they    culd    not    be  persuaded,    either 

by  fair  meanes,    or   by   any   terror  of  death,  to   break   the  same,   or  to  betray 

ther  master."' ■) 

Sanguinary  as  was  the  measure  of  revenge  thus  taken  by  the 
Earl,  we  now  learn  that  it  fell  far  short  of  that  prescribed  by 
his  commission,  which  commanded  him  to  leave  "  na  creatur 
levand  of  that  Clann,  except  preistis,  wemen,  and  barnis;"  and 
"  becaus  it  wer  inhumanite  to  put  handis  in  the  blude  of  wemen 
and  barnis,"  he  was  ordered  to  drive  them  to  the  sea  coast,  in 
order  to  their  being  transported  to  the  shores  of  the  opposite 
continent. 

The  Letters,  it  will  be  observed,  are  directed  to  the  sheriffs  not 
only  of  Elgin,  Forres,  Nairn,  and  Inverness,  within  whose  jurisdic- 
tions was  the  chief  territory  of  the  Clan  Chattan  ;  but  also  to  those 
of  Aberdeen,  Banff,  and  The  Mearns,  over  the  upper  districts  of 
which  there  was  spread,  from  an  early  period,  a  numerous  branch 
of  the  tribe,  bearing  the  name  of  Farquharson.'''^ 

(1)  Sir  Robert  Gordon's  Hist,  of  Earld.  of  Sutherland,  p.  100. 

(2J  "  Tribus  haec,  Catanaea  appellata,  per  Strath- Herinam  sparsa  est,  etiamquein  multis  in- 
ferioris  Moraviae  locis.  Badenocham  etiam  eorum  propago  tenet,  sub  nomine  tribus  Pharsa- 
neorum,  etiamque  Marriam  superiorem  sub  nomine  filiorum  Ferchardi."  Nova  Moraviae  De- 
scriptio,  auctore  Roberto  Gordonio,  ap.  J.  Blaeu  Theatrum  Orbis  Terrarum,  part,  v.,  p.  125. 

We  learn  from  the  Chartulary  of  Aberdeen,  that  so  early  as  the  year  1382,  tbp  Clan 
Chattan,  under  Ferchard  MacYntoshy,  had  extended  their  ravages  to  Birse,  on  the  south 
side  of  the  Dee. 


THE  editor's  preface.  XXXVll 

Vi.  fflSaatdj  unticrtaltcn  ti;  mm^  Jftarpljerson. 

This  paper,  which  is  printed  from  a  copy  in  the  archiyes  at  Kil- 
ravock,  seems  to  be  a  statement  prepared  by  Cluny  MacPherson 
for  circulation  among  the  gentlemen  who  paid  him  a  kind  of  Mack 
mail^^^ — or,  as  it  is  more  politely  termed,  "  contributed  to  the 
watch  undertaken  by  him  " — for  the  protection  of  their  lands  and 
goods  from  the  bandits  who  even  so  lately  as  the  year  1744 
infested  the  Highlands  and  the  nearest  parts  of  the  LoAvlands. 

The  familiar  tone  in  which  such  "  undertakings"  are  alluded  to 
by  the  Chief  of  the  Clan  Vurich,  affords  a  striking  illustration  of 
the  lawless  condition  of  the  country.  It  would  be  difficult  to  ima- 
gine anything  more  significant  of  the  reign  of  yiolence  and  disorder, 
than  the  fact  that  the  preservation  of  the  property  of  the  subject, 
from  those  assaults  which  the  law  was  too  feeble  even  to  attempt 
to  repress,  had  become  as  it  were  a  trade  among  private  indivi- 
duals, in  prosecuting  which,  they  employed  ajl  the  customary 
arts  of  competition,  such  as  crying  down  their  rivals  in  the  art, 
and  boasting,  as  in  this  instance,  that  they  did  not  "  act,  less  or 


(0  "  The  imposition,  commonl}'  called  Black  Mail,  is  levied  by  the  Highlanders  on  al- 
most all  the  Low  Country  bordering  thereon ;  but  as  it  is  equally  criminal,  by  the  laws  of 
Scotland,  to  pay  this  exaction  as  to  extort  it,  the  inhabitants,  to  avoid  the  penalty  of  the 
laws,  agree  with  the  robbers  or  some  of  their  correspondents  in  the  Lowlands,  to  protect 
their  houses  and  cattle,  who  arc  in  effect  their  stewards,  or  factors,  and  as  long  as  this  pay- 
ment continues,  the  depredations  cease  upon  their  lands  ;  otherwise  the  collector  of  this 
illegal  imposition  is  obliged  to  make  good  the  loss  they  have  sustained.  They  give  regular 
receipts  for  the  same  as  safeguard  money  ;  and  those  who  refuse  to  submit  to  this  imposi- 
tion, are  sure  of  being  plundered,  there  being  no  other  way  to  avoid  it,  but  by  keeping  a 
constant  guard  of  armed  men ;  which,  although  it  is  sometimes  done,  is  not  only  illegal,  but 
a  more  expensive  way  of  securing  their  property."  General  Wade's  Report  on  the  State 
of  the  Highlands.     1725. 


XXXVlll  THE    EDITOR  S    PREFACE. 

more,  in  the  ordinary  way  of  other  undertakers,  who  instade  of 
suppressing  thieft,  do  greatly  suport  it,  hy  currying  the  favour  of 
the  thieves,  and  gratifying  them  for  there  diverting  of  the  weight 
of  thieft  from  such  parts  of  the  countrys  as  pay  the  undertaker 
for  there  protection,  to  such  parts  as  do  not  pay  them."(') 


The  charter-room  at  Monymusk  contains  many  interesting  deeds 
illustrating  the  history  of  the  ancient  Priory  there.  These  have 
been  transcribed  for  the  use  of  the  Club,  and  will  find  an  appro- 
priate place  in  one  of  its  eai-ly  publications.  In  the  meantime,  a 
few  letters  and  papers,  referring  to  other  subjects,  have  been 
selected  for  the  present  volume  of  Miscellanies. 

Number  I.  is  one  of  the  bonds  of  alliance  which  were  so  fre- 
quent in  Scotland  in  that  age.  It  came  to  be  deposited  at  Mony- 
musk, from  the  circumstance  that  the  ancestor  of  the  present 
family  is  one  of  the  subscribing  allies. 

The  two  succeeding  numbers  (II.  and  III.),  refer  to  the  previous 
possessors  of  Monymusk,  the  knightly  family  of  Forbes,  now  of 
Pitsligo  and  Fettercairn.  William  Forbes  of  Monymusk  (the 
father  of  the  first  baronet),  married  a  daughter  of  the  house  of 
Angus,  the  Lady  Margaret  Douglas,  daughter  of  William,  ninth 
Earl  of  Angus,  and  sister  to  his  successor  in  the  earldom,  William, 
known  to  history  by  the  title  of  "  the  Popish  Earl."  The  projects 
in  which  he  engaged  with  the  Earls  of  Huntly  and  Erroll,  for 
bringing   Scotland    again   under  the   obedience   of   the   church   of 

(1)  Page  88. 


THE    EDITORS    PREFACE.  XXXIX 

Rome,  led  to  his  attainder  and  excommunication,  and  eventually 
to  his  banishment.  The  first  of  these  letters  grants  permission 
from  the  King  to  the  laird  of  Monymusk,  and  two  others,  to 
hold  intercourse  with  the  Earl  after  his  forfeiture.  The  second 
is  addressed  by  the  banished  lord  to  his  brother-in-law,  from  the 
place  of  his  exile  at  Paris,  where  he  died  early  in  the  following 
year,  1511. 

There  can  be  but  one  sentiment  in  perusing  Numbers  IV.  and  VI., 
written  by  Sir  Archibald  Grant,  the  second  baronet  of  Monymusk, 
— a  feeling  of  regret  that  these  very  interesting  and  graphic  papei's 
should  be  so  provokingly  brief.  The  accomplished  author  had  the 
honour  of  being  the  first  to  engage  in  those  agricultural  improve- 
ments that  may  be  said  to  have  almost  changed  the  face  of  the  north 
of  Scotland ;  and  these  short  sketches  show  that  no  one  could 
give  a  more  lively  description  of  the  condition  in  which  country 
affairs  were,  when  he  began  to  reform  them,  now  about  a  hundred 
and  twenty  years  ago.  It  was  truly  remarked  of  him  by  a  con- 
temporary, that  "  the  improvement  of  his  own  fortune  was  not  Sir 
Archibald's  only  object ;  besides  the  infiuence  of  his  example  as 
a  persevering  improver,  a  steady  friend,  and  a  peaceable  hospitable 
neighbour,  he  will  be  long  remembered  in  the  county  of  Aber- 
deen as  the  zealous  and  indefatigable  promoter  of  every  measure 
which  pointed  to  the  public  good."(') 

In  Number  V.  is  given  an  interesting  account  of  two  instances  of 
the  occurrence  of  a  beautiful  optical  phenomenon,  from  which  science 
has  now  stripped  all  the  shadowy  terror  that  superstition  so  long 
clothed  it  with,  and  which  few,  who  have  sojourned  long  in  moun- 
tainous countries,  have  not  had  some  opportunity  of  witnessing, 

(1)  F.  Douglas'  Description  of  the  East  Coast  of  Scotland,  p.  239.     Paisley,  1782. 

F 


xl  THE    EDITOR  S    PREFACE. 

in  one  shape  or  other, — whether  in  the  form  of  their  own  images 
girt  with  concentric  rings  of  many-coloured  light,"'  or  of  spectral 
giants  striding  from  mountain-top  to  mountain-top, — in  that  of 
long  armies  marching  in  loose  order,  or  drawn  up  in  battle  array. 
or  in  the  grander  and  more  gorgeous  pageant  so  exquisitely  de- 
scribed by  the  great  poet  of  our  day  : — 

" a  step, 


A  single  step,  that  freed  me  from  the  skirts 

Of  the  blind  vapour,  open'd  to  my  view 

Glory  beyond  all  glory  ever  seen 

By  waking  sense  or  by  the  dreaming  soul ! 

The  Appearance,  instantaneously  disclosed. 

Was  of  a  mighty  City — boldly  say 

A  wilderness  of  building,  sinking  far 

And  self-withdrawn  into  a  wond'rous  depth, 

Far  sinking  into  splendour — without  end  ! 

Fabric  it  seemed  of  diamond  and  of  gold, 

With  alabaster  domes,  and  silver  spires, 

(1)  In  October,  1830,  a  party  of  scientific  gentlemen  who  ascended  the  summit  of  Ben. 
mac-dhuie,  witnessed  an  appearance  of  this  kind,  of  which  a  description  found  its  way  into 
the  journals  of  tlie  day  ;  "  We  had  turned  towards  the  east,  and  the  sun  slione  on  our  backs, 
when  we  saw  a  very  bright  rainbow  described  on  the  mist  before  us.  The  bow,  of  beautiful 
distinct  prismatic  colours,  formed  about  two-thirds  of  a  circle,  the  extremities  of  which  ap- 
peared to  rest  on  the  lower  portion  of  the  mountain.  In  the  centre  of  this  incomplete  circle, 
there  was  described  a  luminous  disc,  surrounded  by  the  prismatic  colours  displayed  in  con- 
centric rings.  On  the  disc  itself,  each  of  the  party  (three  in  number),  as  they  stood  at 
about  fifty  yards  apart,  saw  his  own  figure  most  distinctly  delineated,  although  those  of  the 
other  two  were  invisible  to  him.  The  representation  appeared  of  the  natural  size,  and  the 
outline  of  the  whole  person  of  the  spectator  was  most  correctly  pourtrayed.  To  prove 
that  the  shadow  seen  by  each  individual  was  that  of  himself,  we  resorted  to  various  gestures, 
such  as  waving  our  hats,  flapping  our  plaids,  etc.,  all  which  motions  were  exactly  followed 
by  the  airy  figure.  We  then  collected  together,  and  stood  as  close  to  one  another  as  pos- 
sible, when  each  could  see  three  shadows  on  the  disc  ;  his  own,  as  distinctly  as  before,  while 
those  of  his  two  companions  were  but  faintly  discernible.  As  the  autumnal  day  was  fast 
declining,  and  we  had  a  long  walk  before  us  to  Braemar,  we  were  forced  to  hurry  down  the 
rugged  sides  of  Loch  Etichan,  and,  being  consequently  soon  enveloped  in  the  mist,  we  lost 
sight  of  the  atmospheric  phenomenon,  but  not  until  it  had  been  distinctly  visible  to  us  for 
about  a  quarter  of  an  hour."     Professor  Jameson's  Philosophical  Journal. 


THE  editor's  preface.  xli 

And  blazing  terrace  upon  terrace,  high 

Uplifted  ;  here,  serene  pavilions  bright, 

In  avenues  disposed  ;  there  towers  begirt 

With  battlements,  that  on  their  restless  fronts 

Bore  stars — illumination  of  all  gems ! 

By  earthly  nature  had  the  effect  been  wrought 

Upon  the  dark  materials  of  the  storm 

Now  pacified  ;  on  them  and  on  the  coves 

And  mountain-steeps  and  summits,  whereunto 

The  vapours  had  receded,  taking  there 

Their  station  under  a  cerulean  sky. 

O,  'twas  an  unimaginable  sight ! 

Clouds,  mists,  streams,  watery  rocks  and  emerald  turf, 

Clouds  of  all  tincture,  rocks  and  sapphire  sky, 

Confused,  commingled,  mutually  inflamed. 

Molten  together,  and  composing  thus. 

Each  lost  in  each,  that  marvellous  array 

Of  temple,  palace,  citadel,  and  huge 

Fantastic  pomp  of  structure  without  name, 

In  fleecy  folds  voluminous,  enwrapp'd. 

Right  in  the  midst,  where  interspace  appear'd 

Of  open  court,  an  object  like  a  throne 

Beneath  a  shining  canopy  of  state 

Stood  fix'd;  and  fix'd  resemblances  were  seen 

To  implements  of  ordinary  use, 

But  vast  in  size,  in  substance  glorified ; 

Such  as  by  Hebrew  Prophets  were  beheld 

In  vision — forms  uncouth  of  mightiest  power, 

For  admiration  and  mysterious  awe."(0 

The  visions  described  by  the  Laird  of  Kingswells  resemble  very 
closely  those  seen  on  the  side  of  Southfell,  between  Penrith  and 
Keswick,    in   the   summer   of   1744,  and  of   which  an  account, 

(I)  Wordsworth,  The  Excursion,  book  ii. 


xlii 


THE    EDITORS    PREFACE. 


attested  by  the  oaths  of  two  of  the  spectators,  is  given   in  the 
Guide-books  to  the  Lakes  : 


Armies 
men. 


Visions  and 
apparitions. 


"  The  apparition  consisted  of  several  troops  of  horse,  moving  in  regular  order, 
with  a  steady  rapid  motion,  making  a  curved  sweep  round  the  Fell,  and  seeming 
to  the  spectators  to  disappear  over  the  ridge  of  the  mountain.  Many  persons 
witnessed  this  phenomenon,  and  observed  the  last,  or  last  but  one,  of  the  sup- 
posed troop,  occasionally  leave  his  rank,  and  pass  at  a  gallop  to  the  front,  when 
he  resumed  the  same  steady  pace." 

In  both  the  visions  seen  by  Jafl'ray,  just  as  they  were  about  to 
disappear,  one  of  the  figures  VFas  observed  to  ride  along  the  line. 

It  is  worthy  of  notice,  that  the  spot  where  these  appearances 
were  beheld  in  1719,  is  in  the  immediate  neighbourhood  of  the 
Brymman  hill,  where,  Spalding  tells  us  that,  at  the  same  hour  in 
the  morning,  similar  visions  were  beheld  in  the  previous  century : 

1643.  "  Armyes  of  men,  upone  the  twalt  of  Februar,  about  aucht  houris  in 
the  morning,  being  a  raistie  day,  sein  upon  the  hill  of  Brymman  besyde  Crabstouii. 
Sie  heirefter.C) 

"  Ye  sie  of  apparitionis  and  visionis  sene  heir  at  the  hill  of  Brymman  within 
four  myllis  to  Abirdene.  William  Andersone,  tennent  in  Crabstoun,  told  me  he 
saw  ane  gryte  army  as  apperit  to  him  both  of  hors  and  foot,  about  aucht  houris  in 
the  morning,  being  misty,  and  visiblie  continewit  till  sone  rysing,  syne  vaneishit 
away  in  his  sicht  with  noys  into  ane  mois  hard  besyde.  Lykuaies  in  the  mure  of 
Forfar,  armies  of  men  sein  in  the  air.  Quhilkis  visionis  the  people  thocht  to  be 
prodigious  tokenis,  as  it  fell  out  over  trew,  as  may  be  sein  heirefter."(2) 

It  may  be  remembered  that  such  a  sudden  failure  in  the  stream 
of  a  river,  as  that  which  Jaffray  describes,  was  another  of  the  por- 
tentous omens  which  Spalding  has  been  so  careful  to  commemorate  : 

1635.  "About  this  time,  ane  pott  of  the  water  of  Breichen  called  Southesk,  be- 


(1)  Spalding,  Hist,  of  Troiib.,  vol.  ii.,  p.  117. 


(.i)  Id...  vol. 


p.  119. 


THE  editor's  preface.  xliii 

came  suddenly  drj',  and  for  ane  short  space  continued  so,  but  bowts  up  againe,  and  South  Esk  be- 
turns  to  its  own  course  ;  whilk  was  thought  to  be  an  ominous  token  for  Scotland,  nnJi'nous'^token 
as  it  so  fell  out,  and  be  thir  notes  doe  appear.(') 

The  Laird  of  Kingswells  defies  \he  "  philosophy  "  of  his  corres- 
pondent, to  account  either  for  this  phenomenon,  or  for  that  of  the 
appearance  of  the  aerial  armies ;  but  it  is  needless  to  say  that 
science  has  explained  the  one  as  satisfactorily  as  the  other. 

It  may  be  added,  that  the  drying  up  of  the  channel  of  the  Don 
in  November,  1719,  is  not  the  only  instance  of  such  an  occurrence 
on  record  : 

"  About  1750,  in  a  fine  summer  morning,  between  five  and  six  o'clock,  the  bed 
of  this  river,  for  the  si^ace  of  three  miles  below  the  church  of  Dyce,  was  found 
entirely  empty  ;  and  was  passed  and  repassed  by  several  persons  who  gathered  the 
fish  that  lay  sprawling  in  the  bottom.  No  person  observed  the  commencement  of 
this  uncommon  phenomenon.  About  half  an  hour  after  its  discovery,  the  water 
came  down  the  channel  again  in  a  full  body.  This  was  occasioned  probably  by  a 
chasm  formed  by  some  internal  commotion  of  the  earth,  which  was  sensibly  felt 
by  some  persons."(2) 


Vm.  W:\)(  ^xtttt\)nott  papers. 

These  Papers  are  printed  from  the  originals  (with  a  few  excep- 
tions where  copies  only  could  be  found),  in  the  archives  of  the  Right 
Honourable  the  Lord  Viscount  Arbuthnott,  one  of  the  Vice-Presi- 
dents of  the  Club. 

Number  I.     This  is  a  deed  by  which  Friar  John   Grohin,  the 

(1)  Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  32. 

(2)  Account  of  the  Parish  of  Newhills,  by  Mr.  John  Brown,  Statistical  Account  of 
Scotland,  vol.  vi.,  p.  35.     note.     Edinb.  1793. 


xliv  THE    editor's    PREFACE. 

Vicar-general,  over  the  brethren  of  the  Observance  on  this  side 
the  Alps,  of  a  right  reverend  father  the  Minister-general  of  the 
Order  of  Friars  Minor,  admits  Sir  Robert  of  Arbuthnott  of  That 
Ilk,  his  wife,  and  children  of  either  sex,  into  the  brotherhood  of 
that  Order,  conferring  on  them  full  and  special  participation  in  all 
the  meritorious  works,  prayers,  fastings,  vigils,  and  other  spiritual 
benefits  of  the  brethren  under  his  rule,  of  the  Poor  Clares,  and  of 
the  brethren  and  sisters  of  the  Penitence.  It  is  dated  at  the  well- 
known  convent  of  the  order  at  Toulouse,  on  the  Feast  of  Pen- 
tecost, 1487. 

Number  II.  is  a  licence  from  the  Court  of  Rome,  dated  on  the 
seventh  of  May,  in  the  seventh  year  of  the  pontificate  of  Pope 
Innocent  VIII.  (1492)  in  favour  of  the  same  Sir  Robert  Arbuth- 
nott of  That  Ilk,  and  his  wife,  for  having  a  portable  altar,  for  the 
celebration  of  mass,  and  other  sacred  offices. 

No.  III.  By  this  deed,  which  is  without  date.  Sir  William 
Knollis,  Preceptor  of  the  house  of  the  Knights  of  Saint  John  of 
Jerusalem  at  Torphichen,  assumes  the  same  Sir  Robert  Arbuth- 
nott and  bis  wife  Mariot  Scrymgeour,  into  that  Order,  with  full 
participation  of  all  its  benefits,  some  of  which  are  more  minutely 
specified.  On  the  back  of  the  deed  a  Form  of  Absolution  is 
written. 

These  were  not  the  only  memorials  of  the  piety  and  devotion  of 
Sir  Robert  Arbuthnott.  In  1505,  he  founded  a  chaplainry  for  the 
performance  of  divine  worship,  at  the  altar  of  the  Blessed  Virgin 
Mary,  in  the  choir  of  the  church  of  Saint  Ternan  the  Archbishop, 
at  Arbuthnott.C)     He  died  in  1506,  and  was  succeeded  by  his 

(1)  Nisbet's  Heraldry,  vol.  ii.,   Appendix,  p.  84. 


THE    editor's    preface.  xlv 

son,  James  Arbuthnott  of  That  Ilk,  to  whom  the  next  two 
papers  refer. 

Number  V.  is  a  letter  of  safe-conduct  to  him  on  bis  passage 
from  Scotland  on  a  pilgrimage  to  the  famous  shrine  of  Saint  John 
of  Amiens,  whither  he  repaired  probably  with  the  hope  of  regaining 
his  health.  He  died  in  the  succeeding  year,  1521,  in  the  flower 
of  his  age. 

He  was  succeeded  by  his  son,  Robert  Arbuthnott  of  That  Ilk,  who 
(as  appears  from  No.  VI.)  was  at  his  father's  death  a  boy  some 
years  under  age.  It  is  to  this  gentleman  that  the  three  succeeding 
letters  (Nos.  VII.,  VIII.,  and  IX.,)  are  addressed.  The  second 
of  these,  as  it  is  to  the  same  effect,  diflers  little  in  form  or  expres- 
sion from  the  circular  by  which,  in  our  day,  the  minister  or  the 
leader  of  opposition  summons  his  friends  to  support  him  with  their 
presence  in  parliament.     He  died  in  October,  1579. 

The  seven  letters  which  follow  are  addressed  to  his  son  and  suc- 
cessor, Andrew  Arbuthnott  of  That  Ilk,  who  died  in  March,  1606. 
Number  X.  is  from  the  Master  of  Marischal,  afterwards  George 
fifth  Earl  Marischal,  and  the  founder  of  Marischal  College. 
Numbers  XII.,  XIII.,  XIV.,  XV.,  XVI.,  are  from  King  James 
VI.,  and,  like  so  many  other  letters  of  that  Sovereign,  show  the 
pressing  necessities  to  which  the  Crown  of  Scotland  was  then 
subject. 

Number  XVII.  is  an  exemption  from  the  statutes  prohibiting 
the  use  of  flesh  in  Lent,  in  favour  of  Sir  Robert  Arbuthnott  of 
That  Ilk,  who  was  created  Viscount  Arbuthnott  in  November, 
1641,  and  died  in  1659 ;  being  succeeded  by  his  son  Robert,  the 
second  Viscount,  to  whom  Numbers  XVIII.  and  XIX.  are 
addressed. 


xlvi  THE    editor's    preface. 


iX.  ISrgistpr  of  t|)e  Hcgaliti)  (JTourt  of  3PB«if- 

The  reader  who  is  at  all  versant  in  the  history  of  Scotish  juris- 
prudence will  not  need  to  be  informed  as  to  the  nature  and  powers 
of  Courts  of  Regality ;  but,  perhaps,  a  few  words  on  the  subject 
may  be  premised,  for  the  convenience  of  those  whose  attention  has 
not  been  turned  to  such  matters. 

A  Regality  was  a  grant  by  the  Crown,  in  favour  of  an  individual 
or  corporate  subject,  of  regal  jurisdiction,  as  well  in  matters  civil 
as  criminal,  within  a  certain  specified  territory.  The  Lord  of  the 
district  invested  with  this  privilege  could  rcpledge,  as  it  was 
technically  termed,  or  withdraw,  on  certain  conditions,  any  person 
dwelling  within  its  limits,  from  trial  before  any  other  court,  what- 
ever the  crime  might  be  with  which  he  was  charged,  treason  only 
excepted.  (')  In  the  words  of  the  great  institutional  writer  of 
Scotland, 

"  Regalities  were  feudal  rights  of  lands,  granted  by  the  King.  The  grantees, 
though  commoners,  were  called  Lords  of  Regality,  on  account  of  the  high  and 
regal  jurisdiction  implied  in  these  grants.  The  Lord  of  Regality  might  appoint 
deputies,  called  stewards  or  bailies,  not  only  during  pleasure,  or  for  life,  but 
heritable,  who  had,  by  that  deputation,  all  the  profits  incident  to  the  jurisdiction 
made  over  in  perpetuum  to  themselves  and  their  heirs.  Mackenzie  affirms,  that 
Lords  of  Regality  could  not  have  judged  in  their  own  person  ;  and  it  is  certain, 
that,  for  above  a  century  before  that    author's  time,    they  alwajs   administered 


(1)  "  Regalitas  nihil  aliud  est  nisi  jus  et  jurisdictionis  privilegium  in  aliquo  dominio  a 
Rege  impetratum,  quo  illius  Regalitatis  sive  privilegii  dominus  actionem  tarn  civilem  quam 
criminalem  a  judice  ordinario  evocare  potest  (nos  rephgiare  dicimus) ;  hcet  et  haec  Re- 
galitas alia  etiam  saepe  habeat  privilegia,  nempe  eschetarum  et  mulctarum  obventiones, 
quae  licet  inter  Regalia  nuraerari  diximus,  tamen  a  Principibus  viris  militaribus  aut  in 
honorem  religionis  saepe  sunt  concessa."     Craigii  Jus  Feudale,  lib.  ii.,  diag.  xix.,  §  27. 


THE  editor's  preface.  xlvii 

justice  by  a  bailie.  A  Lord  of  Regality  had  a  chancery  proper  to  his  jurisdic- 
tion, from  whence  he  might  issue  brieves  to  his  bailie  for  the  service  of  heirs  : 
and  the  service  proceeding  on  such  brief,  when  recorded  in  the  books  of  the 
Regality,  was  as  effectual  as  a  retour  on  a  brieve  issuing  from  the  King's 
chancery.  The  civil  jurisdiction  of  a  Lord  of  Regality  was  in  all  respects  equal 
to  that  of  a  sheriff;  but  his  criminal  was  truly  royal ;  for  he  might  have  judged 
in  the  four  pleas  of  the  Crown  ;  whereas  the  sheriff  was  competent  to  none  of 
thera  but  murder.  It  was  even  as  ample  as  that  of  the  justiciary  as  to  every 
crime,  except  treason  ;  and  in  this  one  respect  it  prevailed  over  it,  that  where  a 
criminal  was  amenable  to  a  Regality,  the  lord  might  have  repledged  or  re- 
claimed him  to  his  own  court,  not  only  from  the  sheriff  but  from  the  justices 
themselves." 

So  lavishly  were  these  most  impolitic  grants  squandered  by  the 
Sovereign,  both  on  spiritual  and  on  temporal  lords,  that  a  very  con- 
siderable portion  of  the  whole  territory  of  the  kingdom  was  con- 
verted into  Regality,  so  that,  when  conti'asted  with  the  poi'tion 
which,  from  its  not  being  withdrawn  from  the  jurisdiction  of  the 
King's  courts,  retained  the  name  of  The  Royalty,  they  may  be  justly 
regarded,  it  has  been  remarked,  "  as  having  stripped  the  Crown  of 
the  better  half  of  its  highest  prerogative."  These  jurisdictions, 
which  had  so  long  and  largely  contributed  to  the  lawlessness  and 
disorder  of  the  country,  fell  at  length,  in  the  year  1747,  by  the 
Act  for  the  abolition  of  hereditary  jurisdictions  in  Scotland. 

It  was  in  favour  of  the  Church  that  these  high  and  dangerous 
jurisdictions  were  first  granted  ;  and  it  may  be  matter  of  surprise 
that  it  was  not  before  the  middle  of  the  fifteenth  century  that  a 
prelate  of  such  influence  as  the  Bishop  of  Murray  obtained  the 
erection  of  the  temporality  of  his  wealthy  see  into  a  Regality. 
In  1451,  King  James  II.  created  the  whole  lands  of  the  church 
of  Murray  into  the  barony  of  Spynie^') ;  and,  in  the  succeeding  year, 

(0  Registrum  Episcopatus  Moraviensis,  pp.  223 — 225.     Edinb.  1837. 
G 


xlviii  THE  editor's  preface. 

the  same  monarch  erected  the  barony  into  "  a  full  and  free  Regality 
or  Royalty"  in  favour  of  the  Bishop  of  Murray  and  his  successors.^') 
The  jurisdiction  extended  over  a  wide  district,  comprehending  lands 
in  the  shires  of  Inverness,  Nairn,  Elgin,  Banif,  and  Aberdeen,  and 
numbering  within  its  limits  no  fewer  than  nine  baronies,  those, 
namely,  of  Spynie,  Kinnedar,  Birnie,  RafFort,  Ardclach,  Keith, 
(stretching  far  into  Strathbogie),  Kilmyles,  Strathspey,  and  Minmor. 

After  the  Reformation,  the  lands  and  Regality  of  Spynie  were, 
in  1590,  conferred  by  King  James  VI.  on  Sir  Alexander  Lindsay,  a 
younger  son  of  the  house  of  Crawfurd,  whom  the  monarch  afterwards 
created  Lord  Spynie,  thus  redeeming  the  promise,  "  to  erect  for  him 
the  temporalitie  of  Murraye  in  a  temporall  lordshipp  with  all  hon- 
ours thairto  apperteining,"  which  the  favourite  received  from  his 
royal  master  in  a  well-known  letter,  dated  "  From  the  castell  of 
Croneburg,  quhaire  we  are  drinking  and  dryving  ou'r  in  the  auld 
manner."  They  were,  in  1606,  resigned  by  Lord  Spynie  into  the 
hands  of  the  King,  by  whom  they  were  restored  to  the  Church. 

At  the  end  of  the  sixteenth  century,  the  oiBce  of  baillie  of  this 
extensive  Regality  was  hereditary  in  the  Innesses  of  Leucbars; 
and  it  is  from  the  remains  of  an  originaK^>  register  of  the  court, 
now  in  the  possession  of  the  representative  of  that  family,  that 
the  present  selections  are  printed. 

They  illustrate  not  a  few  points  as  well  in  the  constitution  and 
forms  of  courts  of  Regality,  as  in  the  general  course  of  judicial 
proceedings  at  the  period  to  which  they  refer,  the  latter  years  of 
the  sixteenth  century. 

The  imposing  roll  of  vassals  bound  to  yield  suit  and  presence  at 

(1)  Registrum  Episcopatas  Moraviensis,  pp.  225,  226. 

(2)  Beginning  on  the  eighth  of  January,  1591,  and  ending  on  the  fifth  of  June,  1602. 


THE  editor's  preface.  xlix 

its  head  court/')  shows  at  once  the  extent  of  the  Regality,  and  the 
high  feudal  dignity  of  its  Lord,  who  could  thus  command  the  attend- 
ance and  following  of  the  Earl  of  Huntly  from  Strathbogie,  and  the 
Lord  of  Lovat  from  The  Aird,  of  the  Chief  of  the  Grants  from 
Badenoch  and  Strathspey,  and  the  Captain  of  the  Clan  Chattan 
from  Lochaber  and  Stratherne. 

More  than  one  example  occurs  of  the  Baillie  of  the  Regality  re- 
fledging  a  criminal  from  the  court  even  of  the  King's  Lieutenant/^' 
A  phrase  used  on  these  occasions,  "  caution  of  colerathe,"  may,  per- 
haps, need  explanation.  The  word  is  said  to  be  compounded  of 
two  Gaelic  words,  and,  according  to  Skinner,  signifies  literally  the 
"  guard  of  the  man."  In  the  sense  in  which  it  is  used  in  the  text 
it  means  the  caution  found  by  the  Baillie  of  the  Regality  that  he 
would  bring  the  repledged  criminal  to  a  proper  trial : 

"  Cvlrach,"  says  Skene,  "  sumtimes  is  called  an  furthcomand  borgh,  bot  mair 
properly  it  may  be  called  an  backborgh,  or  cationer  ;  for  quhen  ony  havand  power 
of  jurisdiction  replegis  ony  man  fra  an  vther  mans  court,  to  his  awin  court,  he 
suld  leif  behind  him  in  the  court,  fra  the  quhilk  the  replegiation  is  maid,  ane  pledge 
or  cationer,  quha  salbe  bundin  and  oblished  that  he  quha  vsis  the  replegiation,  sail 
doe  justice  within  zeire  and  dale  in  his  awin  court,  to  the  partie  complainand,  vpon 
the  person  quha  is  repledged :  Quhilk  cautioner  left  in  the  court  be  him,  and 
behind  him  quha  vsis  the  replegiation,  is  called  Culrach.  And  gif  the  partie  com- 
plainand gettis  na  reason  in  that  court  to  the  quhilk  the  defender  is  borrowed  and 
repleged,  he  sal  haue  regres  agane  to  the  first  court,  fra  the  quhilk  the  replegiation 
was  maid,  and  their  sail  the  mute  and  pley  be  ended  ;  and  the  Culrach  salbe  in  ane 
vnlaw,  gif  the  partie  persewed  compeirs  nocht :  And  he  quha  vsed  the  replegiation, 
and  did  nocht  justice,  sail  tine  his  court  for  zeire  and  daie."(3) 

The  jurisdiction  of  Regality  extended  to  all  crimes  except  that 

(1)  Pages  134,  135.  (2)  Pages  122,  126. 

(3)  Skene,  De  Verborum  Significatione,  voce  Cvlrach.  Edinb.  1597.  Erskine's  Institute 
of  the  Law  of  Scotland,  b.  i.,  tit.  iv.,  J  8.     Chalmers'  Caledonia,  vol.  i.,  p.  448. 


1  THE    editor's    preface. 

of  treason ;  and  so  we  find  an  attempt  to  set  aside  a  sentence  of 
the  court,  acquitting  a  person  tried  for  slaughter,  "  in  respect  that 
the  alledgit  deid  forsaid  is  ane  foule  murthour,  committit  vnder 
clud  of  nycht,  and  consequentle  ane  caus  of  fressone."''^^  But 
although  it  is  laid  down  that,  by  the  law  of  Scotland,  "  the  reset- 
ting or  concealing  of  traitors"  was  proper  or  high  treason,  the  court, 
in  two  instances,  proceeded  to  the  trial  of  that  crime,  without  any 
declinature  of  its  jurisdiction  being  offered.  In  the  one,  a  person 
was  accused  of  "  the  harboring,  resetting,  and  intercommoning 
with "  one  who  had  been  at  the  "  Red  of  Auldchonnen  with 
my  Lord  of  Huntlie  :"(^)  Auldchonnen,  or  Aultnachoilnachan,  is  the 
name  of  the  rivulet  on  the  banks  of  which  the  Earls  of  Huntly 
and  Erroll,  in  1594,  discomfited  the  King's  forces  under  the 
Earl  of  Argyll,  in  a  conflict  which  is  more  commonly  known 
by  the  names  of  Glenlivat  or  Bel-Rinnes.  In  the  other,  four 
persons  are  charged  with  aiding  the  escape  of  Huntly,^^)  when,  on 
the  King's  progress  northwards  after  the  battle,  he  fled  over 
the  Murray  Firth  into  Sutherland.^*) 

In  conformity  with  a  usage  which  was  universal  in  older  days, 
and  was  adhered  to  until  a   comparatively    recent   period,^^)  the 

(1)  Page  121.  (2)  Page  123.  (3)  Page  127. 

(4)  Sir  R.  Gordon's   Hist,  of  Sutherland,  p.  230. 

(5)  A  head-court  of  the  burgh  of  Aberdeen  was  held  in  the  open  air,  on  the  Castlehill,  on 
the  fourteenth  of  April,  1539.  Aberdeen  Council  Register,  vol.  xvi.,  p.  21 1.  On  the  twelfth 
of  February,  1578,  the  Sheriff'  of  Aberdeen  held  his  court  "  a])ud  lie  Standand  Slants  de 
Huntlie."  Sheriff  Court  Records,  vol.  ii.  Two  of  these  stones  still  remain  in  the  centre 
of  the  market  place :  they  are  alluded  to  in  the  contemporary  ballad  of  The  Battell  of 
Balrinnes,  (Dalyell's    Scotish   Poems  of  the   Sixteenth  Century,  vol.  ii.,  p.   350.    Edinb. 

1801). 

"  Besyd  all  this  hie  crueltie. 

He  said,  ere  he  should  ceass, 
The  Standing  Stonnes  of  Strathbolgie 
Schould  be  his  pa'lione  place. 


THE    EDITOR  S   PREFACE.  Il 

court,  it  will  be  seen,  was  occasionally  held  in  the  open  air ;  in  two 
cases^^  "  upon  the  water  syd  of  Lossye,"  where  also  was  the  place 
of  punishment(^) ;  in  another,  in  the  churchyard  of  Elgin/')  Ceme- 
teries were,  for  obvious  reasons  of  convenience,  frequently  chosen 
as  places  for  the  administration  of  justice.  A  canon  of  the  Scotish 
church  had  forbidden  their  being  employed  to  that  use,  at  least  by 
laymen,  and  for  secular  causes^^^ ;  but  the  ordinance  seems  not  to 
have  been  very  generally  obeyed,  even  by  dignified  churchmen 
themselves.  In  the  year  1420,  we  find  the  Bishop  of  Ross  as- 
sisting at  a  court  held  by  the  Earl  of  Murray,  "  in  the  kyrke 
yharde  of  the  chanounry  of  Rosmarkyng,"  for  giving  a  vassal  new 
investiture  of  his  lands.^^^ 

It  is  not  easy  always  to  see  the  principle  which  regulated  the 
mode  of  inflicting  capital  punishments.  In  four  cases,  male  criminals, 
convicted  of  theft,  are  sentenced  to  be  liamjed ;('')  in  a  fifth,  where 
there  is  no  obvious  difterence  in  the  circumstances,  the  culprit  is 
doomed  "  to  be  taken  to  the  water  of  Lossye  and  thair  to  be 
drownit  quhill  he  be  deid."(')  A  husband  and  his  ivife,  convicted 
of  theft,  are  sentenced  to  the  same  punishment  ;(*)  probably  in 
compliance  with    the   practice   by   which    it   was   declared    that 

Bot  Hmitlie  said,  '  With  Godis  grace. 

First  we  shall  fight  them  ones ; 
Perchance  that  they  may  tak  the  chass. 
Ere  they  come  to  the  Stonncs.'  " 
(1)  Pages   132,   144.  (2)   Page  132.  (3)   Page  144. 

(I)  Can.  LXXX.  'Quod  laici  non  teneant  placita  in  ecclesia :'  "  Sub  interminatione 
anathematis  firniiter  prohibemus,  ne  laici  teneant  placita  sua  secularia  in  ecclesiis,  vel  coe- 
meteriis."  Lord  Hailes'  Canons  of  the  Church  of  Scotland,  A.D.  1242.  and  A.D.  1269. 
p.  46.     Edinb.  1769. 

(5J  Registrum  Episcopatus  Moraviensis,  pp.  473,  476. 

(6)   Pages  127,   128,  140,  146.  (7)   Page  134.  (8)  Page  130. 


lii  THE  editor's  preface. 

"  wemen  condemned  for  thieft  suld  be  drowned r'~^'>      A  murderer, 
appai'ently  of  mean  rank,  is  ordered  to  be  beheadedP^ 


X.  g)Clfctions  from  ti)f  fflSaottroto  iHflanuscripts. 

The  Papers  which  are  arranged  under  this  title  have  been  se- 
lected, as  illustrating  the  ecclesiastical  history  of  the  north- 
eastern shires  of  Scotland,  from  the  voluminous  collection  of 
Manuscripts  amassed  by  the  care  and  industry  of  the  indefatigable 
Wodrow,  the  well  known  author  of  "  The  History  of  the  Suffer- 
ings of  the  Church  of  Scotland,  from  the  Restoration  to  the  Revo- 
lution," and  now  preserved  in  the  Library  of  the  Faculty  of  Ad- 
vocates at  Edinburgh. 

Number  I.  is  a  letter  from  the  Synod  of  Aberdeen  and  certain 
commissioners  from  that  of  Murray,  assembled  at  Aberdeen,  in 
February,  1605,  accrediting  the  celebrated  Mr.  John  Forbes, 
minister  at  Alford,  to  report  to  the  King  the  difficulties  of  their 
position  in  general,  and  "  the  particular  dealing  wee  have  this  lang 
time  haid  with  the  Marques  of  Huntlie."  His  Lordship  was  at 
that  time  under  the  censures  of  the  Kirk,  for  his  adherence  to 
the  communion  of  the  church  of  Rome  ;  and  for  many  years  much 

(1)  Skene,  De  Verborum  Significatione,  voce  Fossa.  He  quotes  from  a  commentator 
on  the  Customs  of  Burgundy  the  following  rationale  of  judicial  punishments ;  "  Erectio 
furcarum  est  meri  imperii  et  altae  justiciae,  et  significat  dominium  aeris,  quia  suspensi 
pendent  in  aere  :  et  merum  imperium  consistit  in  quatuor,  sicut  sunt  quatuor  ele- 
menta  :  in  aere,  ut  hi  qui  suspenduntur  :  in  igne,  quando  quis  comburitur  propter 
maleficium :  in  aqua,  quando  quis  ponitur  in  culeo  et  in  mare  projicitur,  ut  parricida ; 
vel  in  amnem  immergitur,  ut  feminae  furti  damnatae ;  in  terra,  cum  quis  decapitatur  et 
in  teram  prosternitur." 

(2)  Page  132. 


THE    EDITORS    PREFACE.  llll 

of  the  attention,  as  well  of  the  King,  as  of  the  Kirk  in  all  its 
judicatories,  was  occupied  with  endeavours  to  persuade  him  to 
join  himself  with  the  Reformed. 

Number  II.  This  letter,  addressed  to  the  King  by  Alexander 
Douglas,  Bishop  of  Murray,  refers  to  the  appointment  of  a  pastor 
to  the  parish  church  of  Keith,  vacant  by  the  preferment  of  Patrick 
Forbes  of  Corse  to  the  see  of  Aberdeen  in  1618.  The  person  sub- 
sequently appointed  was  the  truly  learned  and  pious  Dr.  Robert 
Baron,  afterwards  Professor  of  Divinity  in  The  Marischal  College, 
and  Bishop-elect  of  Orkney. 

In  Number  III.,  dated  in  February,  1606,  the  Synod  of  Aber- 
deen lay  before  the  King  the  distressed  state  of  their  province  both 
in  Kirk  and  commonwealth  ;  the  latter  rent  by  deadly  feuds  be- 
tween the  Forbeses  and  the  Irvings,  the  Leslies  and  the  Leiths ; 
the  former  vigorously  assailed  by  members  of  the  Society  of  Jesus, 
and  other  emissaries  of  the  church  of  Rome.  At  the  head  of  these 
is  mentioned  the  indomitable  John  Hamilton,  a  zealous  priest  whose 
life  has  been  written  by  the  accurate  Lord  Hailes.  He  was  the 
second  son  of  Thomas  Hamilton  of  Priestfield,  the  ancestor  of  the 
noble  house  of  Haddington.  When  but  a  youth,  he  quitted  Scotland 
on  account  of  his  religion ;  and  after  a  remarkable  career  abroad, 
returned,  in  1601,  to  attempt  the  restoration  of  his  native  country 
to  the  obedience  of  Rome.  He  was  apprehended  by  a  party  of 
the  life-guards  in  1609,  and  being  conveyed  to  London,  was  impri- 
soned in  the  Tower,  where  he  died  in  the  following  year.  He  was 
the  author  of  several  polemical  works,  one  of  which  is  referred  to 
in  the  letter  of  the  Synod  as  "  Hamiltouns  blasphemous  new 
book."  This  was  probably  a  work  which  he  had  published  in  the 
year  1600,  entitled,  "  A  Catalogue  of  Ane  hundred  and  Saxty  sevin 


liv  THE  editor's  preface. 

Hereseis  Lyes  and  Calumnies,  teachit  and  practisit  be  the  Minis- 
teris  of  Calvins  sect;  and  Corruptions  of  Tuentie  thrie  passages 
of  the  Scriptur  be  the  Ministeris  adulterate  translatiounis  thairof." 
During  the  early  years  of  the  seventeenth  century  the  church  of 
Rome  seemed  to  be  making  rapid  progress  towards  regaining  her 
lost  dominion  throughout  Scotland  generally,  but  particularly  in 
the  north.     The  historian  of  Sutherland  tells  us,  that 

"  After  the  death  of  King  James  (of  happie  memory),  dureing  the  exorbitant 
power  and  favour  of  the  Duke  of  Buekinghame  with  King  Charles,  the  Romane 
Catholicks  of  all  his  Majesties  dominions  wer  animated  with  such  vain  hops  by 
the  said  duke,  for  his  owne  ends,  that  they  did  certanlie  expect  a  present  toUeration 
of  religion,  iff  not  a  public  libertie  of  conscience  ;  bot  cheiflie  they  grew  to  such  ane 
height  of  insolencie  in  the  north  of  Scotland,  that  it  wes  insupportable,  in  brawing 
the  bishops  and  inhabitants  of  Aberdein  with  pasquills  and  libells  to  their  faces, 
affixing  them  vpon  the  church  porches  ;  which  insolencies  coming  to  his  Majesties 
ears,  by  commissioners  sent  from  the  church  of  Scotland  to  that  effect,  adrainis- 
tred  the  occasion  of  a  sharp  animadversion  against  such  as  did  professe  the  Ro- 
mish religion  within  that  kingdome.  They  were  first  excommunicated  ;  after  the 
sentence  of  which  excommunication  was  past  against  them,  they  were  declared 
rebells,  and  their  escheat  goods  were  brought  in  to  the  King's  vse.  Ther  houses 
wer  possessed  by  his  Majestie's  officers  appoynted  for  that  purpose,  and  they 
themselues  were  either  confined,  or  banished  the  kingdome."(') 

In  a  note  will  be  found  a  list  of  the  numerous  priests  and  adhe- 
rents of  the  church  of  Rome  in  our  north-eastern  counties,  drawn 
up  at  the  commencement  of  the  reign  of  King  Charles  I.,  and 
preserved  among  Sir  James  Balfour's  Manuscripts  in  the  Advo- 
cates Library  at  Edinburgh/'') 

(1)  Sb  Robert  Gordon's  Hist,  of  Earld.  of  Sutherland,  pp.  410,  411. 

(2)  "  I.  The  names  of  Preistis  and  traffecting  Seminaries  in  the  Dyoceis  of  Aberdene  and 
Murraye : 

Faither  Stevin  a  most  busie  and  dangerous         Mr  John  Ogilvie 
traffequer  Faither  Stitchell 


THE    EDITOR  S   PREFACE. 


Iv 


Number  IV.  refers  to  an  Assembly  which  a  few  ministers  of 
the  Kirk  held  at  Aberdeen,  in  July,  1605,  after  it  had  been 
interdicted  by  the  King's  letters.  The  Moderator,  Mr.  John 
Forbes,   minister  at  Alford,  had  asserted  that  the  meeting  was 


Faither  Higgetts 

Capucian  Leslie  commonly  called  Arch- 
angell 

Faither  Ogilbie 

Mr  Williame  Leslie  commonlie  called 
the  Capitaine 

Mr  Andro  Leslie 

Mr  John  Leslie 

Thrie  Chrysties  quherof  one  iscallit  Prin- 
cipal! of  Dowye 

Faither  Brown  sone  to  vmquhile  James 
Brown  at  the  Netherbow 

"  IL   The  names  of  ressaittcris  of  Seminaries  and  Jesuites  that  ar  excommunicat  and  lyes 


Faither  Scott 

One  Faither  Mortimer  laitlie  come  in  his 
place  quho  deid  in  Aberdene 

Faither  Tyrie 

Thrie  Faither  Robertsouns 

Doctor  William  Leslie  doctor  of  phisick 
a  seditious  traffequer  and  reasoner  who 
under  pretence  of  administratioun  of 
physick  is  a  most  dangerous  seducer 
and  is  suspect  to  have  receavit  or- 
dours 


at  the  home  in  the  Dyocie  of  Aberdene  onlie 

Mr  Alexander  Irwing  burges  of  Aber- 
dene the  avowed  resaiter  of  Seminaries 
and  the  most  pernicious  and  peirt  in- 
fecter  in  the  north 

Thomas  Menzies  of  Balgovnie  the  verie 
same  in  lykmaner 

Walter  Leslie  in  Aberdene  alledgeit  to 
be  a  Seminarie  himself 

Robert  Irwing  burges  of  Aberdene 

Alexander  Hervie  in  Inrurie 

John  Gordoun  laird  of  Craig  younger  a 
most  scandalous  example  and  sedulous 
seducer  cloaking  all  his  insolencics  and 
contempt  of  laws  with  ane  exemption 
from  his  lait  Majestic  ance  alreadie 
banished  the  kingdome  by  the  counsell 

James  Forbes  of  Blaktoun  a  verie  perni- 
cious seducer  and  bussie  traflequer 

Mr  Robert  Bisset  of  Lessendrum  bailyie 
to  the  Marques  of  Huntlie  a  most  pes- 
tiferous seducer  a  public  resoner  and 

H 


railer  a  calumniatour  of  his  lait  Maies- 
tie  of  happie  memorie  and  the  most 
pestilent  and  daingerous  instrument  in 
the  north 

Robert  Gordoun  in  Cushnie  a  conion  re- 
setter and  blasphemous  railer 

James  Fyff  in  Eastoun 

Mr  Adam  Straquhan  master  houshould 
to  the  Lord  Abyne  a  publict  railer 
against  religioun 

James  Con  in  Knockkeniill  a  railer  and 
conuoyer  ordinarlie  of  Preistis 

John  Gordoun  of  Bourtie  the  same  in 
lykmaner 

John  Gordoun  in  Troupsmill 

John  Spence  in  Peiresmill  notar  publict 

Alexander  Leslie  brother  to  the  laird  of 
Petcapell 

Thomas  Cheyne  of  Ranystoun 

Thomas  Layng  goldsmith  in  Aberdene 

William  Setoun  of  Blair 


h 


THE    EDITOR  S    PREFACE. 


kept  with  the  concurrence  of  the  Lord  Chancellor,  the  Earl  of 
Dunfermline ;  and  his  lordship  hastens  in  this  communication  to 
assure  his  Sovereign  that  the  assertion  "  is  a  manifest  lye."     There 


"  III.  The  names  of  ressaitteris  of  Seminaries  and  Jesuites  that  as  yet  ar  nocht  excommu- 
nicat  nor  denunced  hot  most  of  thame  under  processe  with  resorteris  and  convoyeris  of  them. 


The  Erie  of  ErroU 

The  Lord  of  Aboyne 

Laird  Delgatie 

Laird  of  Geicht 

John  Turin  laird  of  Fouerne 

William  Hay  of  Fetterletter 

Patrick  Gordoun  of  Kincraigie  younger 

.lames  Gordoun  of  Letterfurie 

George  Gordoun  of  Drumgask 

....   Gordoun  of  Blelack 

William  Gordoun  of  Abirgeldie 

Patrick  Con  of  Artrochie 

.\lexander  Irwin  of  Beltie  younger 

William  Fraiser  of  Craigtoun 

Robert  Coutts  in  Abyne 

"  T/ie  Names  of  other  Papistes 


John  Gardyne  in  Bellamore 

Johnn  Roy  in  Cabrach 

Walter  Robersoun  burges  of  Aberdene 

Alexander  Andersoun  burges  thair 

Mr  George  Andersoun  burges  thair 

Mr  Gilbert    and  George  Paips  burgessis 

thair 
Mr  William   Lumsden   advocat  in    Auld 

Aberdene 
Mr.  Thomas  Blackball  sone  to  William 

Blackball  of  Ley 
William  Leslie  brother  to  George  Leslie 

Capucian 
the  spous  of  umquile  John 

Cheyne  in 


William  Gordoun   sone    to  the  laird    of 

Abergeldie 
Alexander  Gordoun  of  Dunkintie 
The  laird  of  Craig  Auchindor  elder 
Robert  Gordoun  of  Gollachie 
Johnn  Gordoun  of  Caridowne 
James  Gordoun  of  Corquhorrach 
Johnn  Gordoun  of  Dewchries 
Mr  William  Andersone   shirefF   clerk  of 

Aberdene 
John  Urquhart  chirurgian 
Johnn  Duff  younger  sumty  me  of  Muldauit 
Johnn  Kennedie  servant  to  the  gudman 

of  Blacktoun 
Robert  Cantlie  servant  to  the  laird  of 

Geight 
Patrick  Christiesone  in  Fetterneir 
Patrick  Leith  portioner  of  Preminay 
Williame    Frasser  sone  to  vmquhile  Mr 

Michaell  Frasser  of  Techmurie 


Johnn  Alshender  at  the  mylne  of  Craig- 
toun 

Alexander  Leslie  Alexander  Dauidsone 
Johnn  Hay  Patrick  Kynnard  servantis 
to  the  Erie  of  ErroU 

Robert  Abercrombie  in  Homecrook  of 
Birnes 

James  Louie  in  Langheim 

Hew  Hay  in  Tillimad 

William  Bagra  thair 

George  Hepburne  in  Ardifferie 

Johnn  Rinn  messenger  of  airmes 

Johnn  Edward  servant  to  the  laird  of 
Dalgatie 

These  ar  the  names  of  the  most  scandal- 
ous and  irregular  onlie  of  the  adversars 
of  the  treuth  surceasing  to  sett  doun 
the  great  number  of  otheris  (and  spe- 
ciallie  of  the  female  sex)  that  hes  maid 
the  lyk  defectioun  from  the  treuth" 


THE  editor's  preface.  Ivii 

seems  to  be  not  a  little  of  the  courtier's  art  in  his  letter:  the 
somewhat  pedantic  display  of  scholarship/'^  and  the  allusion  "  to 
the  maist  learned  and  wyse  Kyng  in  the  warld,"  appear  happy 
addresses  to  the  weak  points  of  the  monarch's  character. 

V.  The  proceedings  which  were  instituted  in  the  civil  courts 
against  the  ministers  who  attended  the  forbidden  Assembly  at  Aber- 
deen, terminated  in  the  imprisonment,  among  others,  of  Mr.  John 
Forbes,  at  Alford  ;  Mr.  William  Forbes,  at  Towie  ;  and  Mr.  James 
Irwin,  at  Tough.^^)  These  churches  lay  for  several  years  vacant  ; 
and  many  others  in  that  and  the  neighbouring  presbytery  had  never 
been  filled  since  the  Reformation.  In  this  great  dearth  of  pastors, 
the  brethren  of  the  presbyteries  requested  the  learned  Patrick 
Forbes  of  Corse  (whose  paternal  mansion  was  in  the  close  neigh- 
bourhood of  the  kirks  of  the  three  imprisoned  ministers),  to  ofii- 
ciate,  although  unordained,  in  one  of  them.(')  He  complied  with 
their  request ;  and,  having  been  subsequently  censured  by  the  Arch- 
bishop of  Saint  Andrews  (Dr.  George  Gladstanes),  addressed  the 
King  in  vindication  of  the  course  which  he  had  pursued.  His  letter 
(Number  V.)  is  dated  in  February,  1610.  It  is  unnecesary  to  add, 
that  he  afterwards  entered  into  orders  (in  1612),  and  was  in  1618 
preferred  to  the  see  of  Aberdeen,  in  which  office  he  died,  upon 
Easter  Even,  1635,  in  the  seventy-first  year  of  his  age. 

(1)  His  lordship,  we  are  assured,  "  was  a  good  humanist  and  a  poet."  Scot  of  Scotstar- 
vet's  Staggering  State  of  Scots  Statesmen,  p.  18.     Edinb.  1754. 

(2)  Archbishop  Spottiswoode's  Hist,  of  the  Church  of  Scotland,  p.  487.  edit.  1677.  The 
other  ministers  of  the  north  who  attended  the  Assembly  were  Mr.  Charles  Ferme,  at 
Fraserburgh  ;  Mr.  Robert  Youngson,  at  Clatt ;  Mr.  James  Mill,  at  Inverury  ;  Mr.  David 
Robertson,  at  Fetterangus ;  Mr.  Robert  Reid,  at  Banchory  St.  Ternan ;  Mr.  John 
Monro,  sub-dean  of  Ross ;   Mr.  James  Ross  and  Mr.  Archibald  Blackburn,  at  Aberdeen. 

(3)  Dr.  George  Garden,  Vita  Johannis  Forbesii  a  Corse,  §  v.  ap.  J.  Forbesii  Opera 
Omnia.     Amstel.   1704. 


Iviii  THE  editor's  preface. 

Number  VI.  is  a  letter  to  the  King  from  Alexander  Douglas, 
Bishop  of  Murray,  interceding  in  favour  of  the  Laird  of  Gicht  for 
some  relaxation  of  the  penal  statutes  against  the  members  of  the 
church  of  Rome. 

In  Number  VII.,  dated  in  March,  1611,  the  Archbishop  of  Saint 
Andrews  (Dr.  George  Gladstanes),  informs  the  King  of  the  proceed- 
ings in  the  court  of  High  Commission  against  a  minister  at  Forres, 
who  had  spoken  "  very  contumaciously  against  Episcopal  jurisdiction 
and  the  Assembly  of  Glasgow,"  in  June,  1610  ;  and  notices  the  con- 
secration of  the  Bishop  of  Murray,  and  the  introduction  of  the 
new  Ordinal  on  that  occasion.  Wodrow,  in  his  Life  of  Archbishop 
Gladstanes,  states  that  this  letter  was  written  on  the  occasion  of 
"  the  Earle  of  Dumbarrs  death,  when  some  of  the  Bishops  went 
up  to  court  to  take  care  of  their  affairs,  upon  the  falling  of  ane  of 
their  chief  supports."^'^ 

In  Number  VIII.,  Thomas  Hamilton,  Lord  Binning,  (afterwards 
Earl  of  Hadington),  Lord  President  of  the  Court  of  Session,  in-' 
forms  the  King  of  the  conclusion  of  the  proceedings  of  the  General 
Assembly  of  the  church,  which  met  at  Aberdeen  on  the  thirteenth 
of  August,  1616.('-)  In  a  previous  communication,  which  Wodrow 
appears  not  to  have  met  with,  he  had  related  the  transactions  of  the 
earlier  sessions ;  so  that  in  this  letter  he  had  little  to  convey  to  his 
Majesty  beyond  commendations  of  the  zeal  of  the  Earl  of  Montrose, 
the  Commissioner,  and  the  prudence  of  the  Archbishop  of  Saint 
Andrews  (Dr.  John  Spottiswoode),  the  Moderator  of  the  Assembly; 

(1)  Wodrow's  Collections  upon  the  Lives  of"  the  Reformers  and  most  Eminent  Ministers 
of  the  Church  of  Scotland,  vol.  i.,  p.  294.      Glasgow  :   Printed  for  the  Maitland  Club.   1834. 

(2)  The  Acts  of  the  Aberdeen  Assembly  of  1616  are  printed  in  the  Booke  of  the  Uni- 
versall  Kirk  of  Scotland,  pp.  389—599.  Edinb.  1839.  8vo.  See  also  Arclibisliop  Spot- 
tiswoode's  Hist,  of  Ch.  of  Scot.,  pp.  523 — 329. 


THE    editor's    preface.  lix 

and  an  account  of  the  reconciliation  of  the  Marquess  of  Huntly  to 
the  bosom  of  the  church.  This  last  affair  is  thus  noticed  in  the 
Acts  of  the  Assembly  : 

"  Acta  sessione  ultima.  The  quhilk  day,  in  presence  of  the  whole  Assemblie, 
compeirit  the  noble  and  potent  Lord,  George  Maiques  of  Huntlie,  and  deelareit 
that  he  had  direct  before  John  Gordoune  of  Buckie  to  present  his  supplicatione  to 
this  present  Assemblie,  quhereof  the  tenor  is  insert  before :  Lykeas  of  new,  he 
reiterat  the  said  supplicatione,  declaring  the  sorrow  and  griefi'  he  had  conceivit  in 
that  he  had  lyen  so  long  under  the  fearfull  sentence  of  excommunicatione,  and 
therefore,  most  humbly  desyrit  to  be  absolvit  from  the  same,  as  he  faithfully  pro- 
mised, in  face  of  the  haill  Assemblie,  to  performe  and  fulfill  the  conditiones  and 
heads  under  specifeit,  viz.  : 

•'  First,  The  said  noble  Lord  faithfully  promised  before  God,  his  hand  holden 
up,  to  professe  and  abyde  be  the  trew  religion  presently  profest  within  this  realme, 
and  allowit  be  the  lawes  and  acts  of  parliament  within  the  same. 

"  Secondlie,  He  faithfully  promised  to  communicat  at  the  first  occasione  he 
should  be  requyrit,  and  so  to  continow,  conforme  to  the  order  of  the  land. 

"  Thirdlie,  He  should  cause  his  children,  servants  and  whole  domesticks  be  obe- 
dient to  the  Kirk  and  discipline  thereof,  and  sould  cause  them  haunt  the  Kirk  at 
ordinar  tymes  of  preaching. 

"  Fourtlie,  He  shall  not  receave  Papists,  Jesuites,  Seminarie  Priests,  in  his  house, 
nor  nane  of  his  lands,  but  put  them  out  of  his  bounds  with  all  diligence. 

"  Fyftlie,  He  allows  the  Confessione  of  the  Faith  presently  sett  downe  be  the 
said  Assemblie ;  and,  in  token  of  his  constant  confessione  thereof,  he  lies  sub- 
scrivit  the  samen  in  face  of  the  Assembly. 

•■  Qwhilks  haill  premisses  above  specifeit  the  said  noble  Lord  protests  and  de- 
clares that  he  hes  made  and  subscrivit  truely  and  with  ane  honest  heart,  butt  any 
equivocatione,  mentall  reservatione,  or  subterfuge  qwhatsoever  devysit  be  the 
Romish  Kirk  and  their  supposts :  Attour,  the  said  noble  Lord  faithfully  promised 
to  plant  his  whole  kirks  qwhereof  his  Lordship  hes  the  teinds  in  tack  possessiones 
or  utherwayes,  at  the  sicht  and  conclusione  of  my  Lord  Archbishop  of  Sanct  An- 
drois,  the  Bischop  of  Murray,  and  the  laird  of  Corse,  unto  qwhois  modificatione 
the  said  noble  Lord  submitts  himself,  be  the  tenour  of  thir  presents,  givand  them 
power  to  modifle  competent  stipends  to  the  saids  kirks,  and,  as  they  sail  be  modified 


Ix  THE    editor's    PREEACE. 

be  them,  he  oblisses  him  to  make  payment  of  the  same  to  the  ministers  provydit 
or  to  be  provydit  to  the  saids  kirks. 

"  And,  in  respect  of  the  premisses,  the  Assemblie  ordaynit  the  said  noble  Lord 
to  be  absolvit  from  the  sentence  of  excommunicatione  led  and  deducit  against  him 
before :  Conformyng  hereto,  the  Right  Reverend  Father,  John  Archbischope  of 
Sanct  Androis,  moderator,  in  face  of  the  Assemblie,  absolves  the  said  George 
Marques  of  Huntlie  from  the  said  sentence  led  and  deducit  against  him,  and  re- 
ceavit  him  againe  into  the  bosome  of  the  chureh."(0 

(I)  This  was  not  the  first  time  that  his  Lordship  had  made  his  peace  with  the  church. 
He  went  througli  a  similar  form  of  reconciliation  in  the  year  1597,  of  which  the  following 
graphic  account,  in  a  letter  from  a  lawyer  in  Aberdeen  to  his  friend  in  Edinburgh,  is  pre- 
served among  the  Balcarres  Manuscripts  in  the  Advocates'  Library  at  Edinburgh  : 

"28  Junij  1597.     Forme  of  the  Erie  of  Huntlie  receaving  to  the  church. 

"  LuiEng  Gossip,  Eftir  my  weray  hartlie  commendationis,  according  to  my  promeis 
in  my  last  letter  wretin  to  yow,  receave  thir  lynis  contenying  ane  bieiff  narratioun  of  the 
forme  of  the  absolution  of  the  Erles  of  Huntlie  and  Errol,  and  thair  receaving  to  his  Maies- 
ties  peace 

"  On  Seterday  the  xxv  of  this  instant  a  fast  wes  proclaimit  and  institut  in  the  burgh,  to  be 
obseruit  on  Sonday  last  the  xxvi  of  this  instant,  and  on  Sonday  eftir  none  a  sermoun 
wes  maid  be  Mr.  George  Glaidstanes.  Befoir  this  sermoun  the  Erles  convcnit  in  the  ses- 
sioun  hous,  with  the  ministerie  contenit  in  the  commissioun ;  and  thair  the  Erie  Huntlie  sub- 
scryuit  ane  submissioun  betuix  his  Lordship  and  the  Lorde  Forbes,  to  berrying  all  querrellis 
and  deadlie  feadis  betuix  thame  twa,  to  Patrick  Murray,  Commissionar  for  his  Maiestie, 
the  Bishop  of  Aberdein,  Maister  Petir  Blackburne,  Maister  Robert  Pont,  Maister  George 
Gladstaneis,  Mr.  Alexander  Dowglas,  minister  at  Elgin,  friends  mutuallie  and  equallie 
chosin  ;  and  the  samen  submissioun  my  Lord  Forbes  subscryuit.  And  immediatelio  my  Lord 
Forbes  cam  in  out  of  the  kirk  to  the  sessioun  house,  with  gryt  humilite,  quhom  the  Erie 
Huntlie  tuik  be  the  hand,  speiking  thir  wordis,  '  This  I  do  at  his  Maiesties  desyre,  and  at 
command  of  the  kirk.'  Siclyk  the  Erie  Huntlie  tuk  Young  Drum  be  the  hand,  and  is  with 
him  reconccilit,  and  that  befoir  the  sermoun.  The  Erles  subscryvis  the  heides  of  the  reli- 
gioun  sett  out  in  prent,  and  swcris  not  to  dcclyne  therfra.  Thaireftir  the  sermoun  begynnis 
a  litell  afoir  sex  houris  at  euin,  and  lastis  quhill  seven. 

"  On  the  morne  quhilk  wes  Sonday  the  xxvi  of  this  instant,  the  sermoun  wes  in  the  Aid 
Kirk.  The  Erles  are  sett  in  the  mairage  dask  befoir  the  pulpet,  with  the  Kingis  Commis- 
sionar ;  the  grytest  part  of  the  bodie  of  the  kirke  emptie  befoir  the  pulpett.  Of  nobill- 
men,  baronis,  gentilmen,  and  comoun  pepill,  sic  a  confluence,  that  the  lyke  wes  neuer  sein 
in  that  kirk  ;  in  the  bodie  quhairof  the  tabill  for  the  communioun  wes  sett  and  coverit.  The 
Bishop  preichit,  and  maid  a  godlie  and  excellent  sermoun.  The  sermoun  being  concludit, 
the  Erles  ryses  furth  of  thair  dask,  cumis  in  befoir  the  pulpett,  makis  ane  vppin  confcssioun 
of  thair  defectioun  and  apostacie,  affermis  the  religioun  prcsentlie  confessit  to  be  the  onlie 
trew  religioune,  renuncis  all  papistrie,  etc.  etc. ;  and  of  new  sweris  neuir  to  declyn  again, 


THE    EDITORS    PREFACE. 


IX.  This  is  a  letter  to  the  King,  without  date,  in  which  Peter 
Blackburn,  Bishop  of  Aberdeen,  endeavours  to  justify  himself 
from  certain  imputations  cast  upon  him,  and  to  which  there  seems 
an  allusion  in  a  passage  which  Bishop   Keith  has  quoted  from 


bot  to  defend  the  samen  to  their  lyfis  end.  The  Erie  of  Huntlie  confessit  his  oft'ence,  first 
to  God,  nixt  to  his  Maiestie,  to  the  kirk  and  cuntrie,  for  the  slaughter  of  the  Erie  of  Mur- 
ray. And  sua  the  Bishop  pronuncis  oppinlie  thair  sentence  of  absolutioune  fra  the  sentence 
of  excommunicatioun.  The  Erles  ar  than  receavit  be  the  haill  ministerie,  being  in  number 
xij  or  xiij  persounis,  quha  during  all  the  tyme  of  the  sermoun  sat  at  the  tabill  in  the  middis 
of  the  kirk  ;  and  with  thame  the  provest,  bailies,  and  the  maist  part  of  the  consale.  And 
efter  the  Erles  war  receavit  be  the  ministerie,  than  Patrik  Murray,  Commissionar  for  his 
Maiestie,  receavit  thame  in  his  Hienes  name  ;  nixt  the  provest,  bailies,  and  consale.  And 
swa  thay  war  receavit  to  the  bosoum  of  the  kirk.  At  the  samen  tyme  the  Lard  of  Geicht, 
before  the  pulpett,  sat  doun  on  his  knees,  and  askit  God,  his  Maiestie,  and  kirk,  pardoun  and 
forgifnes  for  the  ressat  of  the  Erie  Bothuell,  for  the  quhilk  he  wes  excommunicat  ;  and  he 
wes  absoluit  fra  the  excommunicatioun.  This  being  done,  the  twa  Erles,  with  many  ma 
gentilmen  and  baronis,  all  the  ministerie,  communicat  togedder  at  the  tabill  of  the  Lord. 
The  Erics  keipit  the  fast  preceislie  this  day,  and  the  sermoun  eftir  euin  :  quhilk  sermoun 
being  done,  thay  enterit  in  the  sessioun  hous,  and  thair  the  Erles,  in  presens  of  the  minis- 
terie, promest  to  keip  all  that  they  had  promeist  obefoir,  and  to  mantein  justice  in  this  cun- 
trie, and  na  wayis  to  suffer  bangsters  to  be  in  this  part  of  the  land,  bot  to  be  in  all  tyrae 
cumys,  gud  justiciaris.  The  Erie  of  Huntlie  desyred  the  ministerie  to  interced  for  him, 
for  his  reconciliatioun  with  the  Erie  of  Murrays  friendis  for  his  slauchter,  ottering  assyth- 
ment  thairfor,  be  the  sicht  of  his  Maiestie  and  of  the  kirk,  as  they  suld  devyse  ;  quhilk  the 
ministerie  promest  to  do. 

"  On  Monday  the  xxvij  of  this  instant,  the  Croce  of  this  burght  wes  solemnitlic  hingin  with 
tapestrie  ;  ane  litell  hous  besyd  the  samen  coverit  siclyk  with  tapestrie,  quhairin  the  musi- 
cianis  war  placit ;  four  scoir  of  the  young  men  of  the  toun,  in  thair  best  abulyements,  with 
thair  hagbuttis ;  the  magistratis  and  consale  be  thame  selffis ;  six  persunis  maskirs ;  ane 
tabill  coverit  at  the  Croce,  quhairon  war  sirfootfcattis,  cumfcattis,  and  vtheris  confectiounis, 
with  a  gryt  numer  of  glassis ;  wyn  in  gryt  abundance.  The  Erles  paciticatioun  and  oeace 
be  sound  of  trumpett,  and  be  Gilbert  Guthrie,  Merchemont  Herold,  proclaimit.  The  twa 
Erles  satt  at  the  Croce  in  chears,  with  his  Maiesties  Commissionar  and  the  ministerie.  The 
wand  of  peace  delyuerit  to  thame  be  Patrick  Murray,  he  receaves  thame  in  his  Maiesties 
name  ;  nixt  the  ministerie  embraces  thame  ;  and  than  the  provest,  bailies,  and  magistratis. 
Hagbuttis  soundis,  that  day  nor  dur  culd  not  be  hard ;  wyn  drinkin  in  abundance  ;  glasses 
broken ;  sirfootfcattis  cassin  abrode  on  the  cassy :  gadder  quha  so  plesis !  Eftir  this  the 
Erles  and  thair  kin  passis  to  the  Tolbuith,  with  the  haill  ministerie  :  all  ar  maid  burgessis 
of  this  toun  ;  the  ministers  with  the  rest.     At  euin,  nathing  bot  wauchting. 

"  This  mekill  shortlie,  for  throchtis  of  paper  wald  not  contene  all  that  is  to  be  wi-etin 


Ixii  THE  editor's  preface. 

"  Spottiswoodes  MS." :  "  Mr.  Peter  Blackburn  was  a  man  of  good 
parts ;  but,  whilst  he  studied  to  please  the  opposers  of  the  Episco- 
pal state,  he  made  himself  ungracious  to  both,  and  so  lost  his 
authority." '"  He  was  nominated  to  the  see  of  Aberdeen  in 
the  year  1603,  but  was  not  consecrated  until  1611.(^)  He  died 
in  the  month  of  June,  1616,  and  was  buried  in  the  parish  church 
of  Saint  Nicholas  at  Aberdeen.(') 

X.  In  this  communication  to  the  King,  Lord  Binning  relates 
the  proceedings  in  the  memorable  General  Assembly  of  the  church 
which  met  at  Perth  in  August,  1618,  and  in  which  his  Lordship  pre- 
sided as  his  Majesty's  chief  Commissioner.  The  letter  is  dated  on 
the  evening  of  the  day  on  which  the  Assembly  closed  its  sittings, 
and  will  be  read  with  interest,  as  giving  the  first  account  of 
transactions  which  immediately  became  the  subject  of  a  keen  con- 


hereon  ;  alwayis  this  mekill  for  the  substance  of  the  mater.     Step,   I  pray  you,  gossvp, 
mak  James  Mowat  acquant  with  this  becaus  I  can  noclit  wreit  to  him  at  sic  leuth. 
"  In  haist  comittis  you  to  God.     Of  Abredeine  the  xxviij  of  Juiiij  1397. 
"  Your  gossop 

"  Mr  Thomas  Mollisone. 
"  Oculatus  testis  sum  in  his  rebus. 

"  To  ane  honorabill  man  Mr  Robart  Paip 
Aduocat  befoir  the  Lordis." 

(1)  Keith's  Catalogue  of  Scotish  Bishops,  p.  131.  edit.  1824. 

(2)  In  a  letter,  dated  from  Saint  Andrews  the  third  of  May,  1611,  the  Metropolitan 
(Dr.  George  Gladstanes)  writes  to  the  King:  "  All  the  Bishops  of  my  Province  are  non- 
consecrated  ;  for,  after  that  I  had  performed  that  work  so  in  Leith  and  Edinburgh,  that  the 
very  precisians  who  had  carryed  prejudice  about  that  purpose  wer  fully  satisfyed,  being  in- 
formed that  those  in  the  north  (who  bcnorth  my  diocy  are  more  unruly  than  any  in  the 
south,)  spake  calumniously  both  in  publick  and  privat  of  that  consecration,  I  thocht  meet 
there  also  to  practise  that  action,  and  therupon  have  consecrat  the  Bishops  of  Aberdeen  and 
Caithness,  in  the  cathedrall  kirk  of  Brechin,  being  assisted  with  the  Bishops  of  Dunkeld  and 
Brechin,  in  the  sight  of  such  a  multitude  of  people,  as  I  never  saw  in  such  bounds."  Wod- 
row's  Biographical  Collections,  vol.  i.,p.  302. 

(3)  On  the  twenty-sixth  of  June,  1616.     Register  of  Burials  in  the  City  charter-room. 


THE  editor's  preface.  Ixiii 

trove rsy  between  the  supporters  of  Episcopacy  on  the  one  hand, 
and  the  friends  of  Presbyterian  polity  on  the  other.") 

The  Papers  which  follow  (XI.,  XII.,  XIII.,  and  XIV.)  refer  to 
the  position  in  which  ecclesiastical  affairs  in  the  northern  counties 
were  placed  by  the  Revolution  of  1688. 

One  of  the  most  urgent  matters  which  occupied  the  attention  of 
the  General  Assembly  of  the  Kirk,  on  its  meeting  in  October,  1690, 
was  the  state  of  the  country  on  the  north  side  of  the  Tay,  where  the 
clergy,  with  scarcely  an  exception,^-'  together  with  the  great  majo- 


(1)  "  Perth  Assembly.  Containing  1  The  Proceedings  thereof.  2  The  Proofe  of  the 
Nullitie  thereof.  3  Reasons  presented  thereto  against  the  receiving  the  fine  new  Articles 
imposed.  4  The  oppositenesse  of  it  to  the  proceedings  and  oath  of  the  whole  state  of  the 
Land.  An.  1581.  5  Proofes  of  the  unlawfulnesse  of  the  said  fine  Articles,  viz.  1.  Kneel- 
ing in  the  act  of  Receiving  the  Lords  Supper.  2.  Holy  dales.  3.  Bishopping.  4.  Private 
Baptisme.  3.  Private  Communion.  MDCXIX."  4to.  To  this  work,  written  by  the 
zealous  Mr.  David  Calderwood,  an  answer  was  published,  under  the  title  of  "  A  Trve  Nar- 
ration of  all  the  Passages  of  the  Proceedings  in  the  generall  Assembly  of  the  Church  of 
Scotland,  holden  at  Perth  the  25  of  August,  Aniio  Horn.  1618.  Wherein  is  set  downe 
the  Copy  of  his  Maiesties  Letters  to  the  said  Assembly :  Together  with  a  lust  defence  of 
the  Articles  therein  concluded,  against  a  seditious  Pamphlet.  By  Dr.  Lyndesay,  Bishop  of 
Brechen.     London,  1621."     4to. 

(2)  On  the  roll  of  the  General  Assembly  of  1690,  there  was  no  commissioner  from  any 
burgh  or  presbytery  in  the  Synod  of  Angus  and  The  Mearns.  There  were  two  commis- 
sioners from  the  presbytery  of  Aberdeen  (Mr.  Arthur  Mitchell,  minister,  and  Mi'.  Robert 
Martine  of  Burntbrae,  ruling  elder),  but  none  from  the  other  presbyteries  of  Kincardine 
O'Neil,  Alford,  The  Garioch,  Ellon,  Deer,  Turreff,  and  Fordyce,  or  from  any  of  the 
burghs  or  Universities,  in  the  Synod  of  Aberdeen  and  Banft'.  There  were  five  commis- 
sioners from  the  presbytery  of  Forres,  two  from  that  of  Strathbogie  (Mr.  George  Mel- 
drum,  minister  at  Glass,  and  Alexander  Duff  of  Braco,  ruling  elder),  one  from  the  burgh 
of  Elgin,  but  none  from  any  other  burgh  or  presbytery  in  the  Synod  of  Murray.  There 
were  two  commissioners  from  the  presbytery  of  the  Chanonry,  but  none  from  any  other 
presbytery,  or  from  any  burgh  in  the  Synod  of  Ross  and  Sutherland.  There  were  two 
commissioners  from  the  presbytery  of  Dornoch,  but  none  from  any  other  presbytery, 
or  from  any  burgh  in  the  Synod  of  Caithness.  There  was  no  commissioner  from  any 
burgh  or  presbytery  in  the  Synod  of  Orkney  and  Shetland. 

On  the  roll  of  the  General  Assembly  of  1692,  there  were  four  commissioners  from  the 
presbytery  of  Dundee,  but  none  from  any  other  presbytery,  or  from  any  burgh  in  the 

1 


Ixiv  THE  editor's  preface. 

rity  of  the  people,  were  hostile  to  the  new  Presbyterian  Establish- 
ment. To  provide  for  this  emergency,  the  Assembly  in  its  last  ses- 
sion, on  the  thirteenth  of  November,  adopted  the  following  ordinance : 

"  COMMISSION    FOB    VISITING    THE    NORTH    SIDE    OF    TAY. 

"  The  General  Assembly,  taking  into  their  consideration  the  necessity  of 
purging  and  planting  of  the  churches  on  the  north  side  of  Tay,  do,  by  their 
ecclesiastical  authority,  nominat  appoint  and  authorize  their  reverend  brethren 
Mr  Hugh  Kennedy,  Mr  John  Law,  Mr  William  Creichton,  Mr  Edward  Jamie- 
son,  Mr  Robert  Rule,  Mr  James  Rhymei-,  Mr  James  Fraser,  Mr  Alexander 
Forbess,  Mr  John  Anderson  at  Perth,  Mr  George  Meldrum  at  Kilwinning,  Mr 
Thomas  Ramsay,  Mr  Andrew  Bowie,  Mr  Robert  Young,  Mr  William  Legget, 
and  Mr  William  Mackie,  ministers  ;  and  the  Lord  Viscount  of  Arbuthnot,  the 
laird  of  Meggins,  the  laird  of  Naughtoun,  the  laird  of  Leuchat,  and  the  laird  of 
Greenknows,  ruling  elders  ;  to  joine  with  the  ministers  and  elders  in  the  north 
aftermentioned,  viz.  Mr  John  Stewart,  Mr  James  Urquhart,  Mr  Alexander  Dun- 
bar, Mr  Alexander  Fraser,  Mr  Thomas  Hog,  Mr  Hugh  Henryeson,  Mr  William 
Mackay,  Mr  Walter  Denoon,  Mr  George  Meldrum  at  Glass,  Mr  Arthur 
Mitchell,  Mr  William  Ramsay,  Mr  Francis  Melvill  and  Mr  John  M'Culloch 
ministers  ;  togither  with  the  Earle  of  Southerland,  the  laird  of  Brodie,  the  laird  of 
Grant,  the  laird  of  Grange  Dumbar,  the  laird  of  Eight,  the  laird  of  Colloden,  the 
laird  of  Dalfolly,  the  laird  of  Park  Hay,  Sir  John  Monro,  Sir  George  Monro, 
Sir  Robert  Gordoun  of  Enibo,  David  Fraser  of  Main,  Mr  John  Campbell  of  Moy, 
Hector  Monro  of  Drummond,  Alexander  Duft'e  of  Bracco,  and  Robert  Martine 
of  Burntbrae  ruling  elders  ;  to  be  a  Commission  for  visiting  the  whole  presby- 
teries of  the  north  s.de  of  the  water  of  Tay,  in  planting  vacant  churches,  con- 
stituting   elderships    in    congregations,    trying    and    purging    out    insufficient, 

Synod  of  Angus  and  The  Mearns.  There  was  one  commissioner  (Mr.  Thomas  Thom- 
son, minister)  from  the  presbytery  of  Deer,  but  none  from  any  other  presbytery,  or 
from  any  burgh  or  University  in  the  Synod  of  Aberdeen  and  Banif.  There  were  four  com- 
missioners from  the  presbytery  of  Forres,  but  none  from  any  other  presbytery,  or  from  any 
burgh  in  the  Synod  of  Murray.  There  was  no  commissioner  from  any  burgh  or  presbytery 
in  the  Synod  of  Ross.  There  were  four  commissioners  from  the  presbytery  of  Dornoch,  but 
none  from  any  other  presbytery,  or  from  any  burgh  in  the  Synod  of  Caithness.  There  was  no 
commissioner  from  any  burgh  or  presbytery  in  the  Synod  of  Orkney  and  Shetland.  MS.  Re- 
gister of  the  Proceedings  of  the  General  Assembly  of  the  Church  of  Scotland,  1690  and  1692. 


THE    EDITOR  S    PREFACE.  Ixv 

negligent,  scandalous  and  erroneous  ministers  by  due  course  of  ecclesiasticall 
process  and  censures,  according  to  the  particular  instructions  given  them  there- 
anent :  And  for  that  effect  to  have  their  first  diet  of  meeting  at  Aberdeen  the 
second  Wedensday  of  March  next,  and  thereafter  to  appoint  their  own  diet  and 
places  of  meeting  as  they  see  expedient,  with  full  power  to  them  or  their  quorum, 
being  seven  ministers  and  three  ruling  elders,  to  issue  out  warrands  for  citing  of 
parties  upon  fifteen  free  daj'es,  to  cognosce,  determine  and  finally  decide  in  plant- 
ing of  vacant  churches,  constituting  elderships,  and  trying  and  purging  out  all  in- 
sufficient, negligent,  scandalous  and  erroneous  ministers,  conform  to  the  particular 
instructions  given  them  thereanent,  they  being  alwise  comptable  to  and  censurable 
by  the  next  General  Assembly  of  this  church  :  And  this  Commission  to  continue 
till  the  first  day  of  November  next,  or  the  diet  that  shall  be  appointed  for  the  next 
General  Assembly."(0 

Although  a  Commission  was  thus  early  nominated,  it  was  not 
until  the  summer  of  1694  that  any  of  the  purposes  for  which  it 
was  appointed  could  he  fulfilled.  In  Number  XII.,  addressed  to 
the  Reverend  James  Wodrow,  Professor  of  Divinity  in  the  Univer- 
sity of  Glasgow  (the  father  of  the  historian),  is  an  account  of  the 
proceedings  of  the  Committee  on  its  first  visit  to  Aberdeen,  by  Mr. 
Robert  Langlands,  a  minister  who  had  been  sent  by  the  General 
Assembly  to  ofiiciate  there  for  a  few  months  in  1692.(^^ 

In  this  letter  there  seems  to  have  been  enclosed  the  paper  which 
precedes  it  in  the  text  (No.  XI.),  a  Protest,  by  the  clergy  adhering 
to  Episcopacy,  against  the  Committee  as  being  without  any  eccle- 
siastical authority,  and  an  Appeal  from  its  sentence  to  the  King  and 
Queen,  and  to  "  the  next  lawfully  constitute  and  orderly  called 
Generall  Assembly  of  this  Nationall  Church." 

The  sequel  of  the  Commission's  proceedings  will  in  so  far  appear 

(1)  MS.  Register  of  the  Proceedings  of  the  General  Assembly  of  1690. 

(2)  MS.  Register  of  the  Proceedings  of  the  General  Assembly  of  1692. 


Ixvi  THE    editor's    PREFACE. 

from  the  two  papers  which  are   subjoined,  copies  of  whichO  came 
into  the  Editor's  hands  only  after  this  part  of  the  text  was  printed  : 

"  REPRESEKTATION  BY    THE    COMMITTE    OF    THE    GENERALL    ASSEMBLY    FOR    THE 
NORTH.       1694. 

"  To  the  Right  honorabill  the  Lord  High  Chaneelor  and  remanent  lords  of 
thair  Majesties  privy  counsellj  the  Coniiuittee  of  the  Generall  Assem- 
bly for  the  North,  humbly  shew 

"  That,  quhairas  the  last  Generall  Assembly  of  this  national!  church  did  grant  a 
commission  to  a  competent  number  of  ministers  and  elders  for  visiting  the  North, 
empowering  them  to  purge  and  plant  churches  on  the  other  side  of  the  river  of 
Tay,  and  to  do  and  determin  in  severall  other  matters  according  to  the  tenor  of 
thair  commission,  quhich  was  drawn  up  and  adjusted  to  the  satisfaction  of  thair 
Majesties  Commissioner  present  in  the  Assembly  in  all  points :  conform  quhair- 
unto,  we,  having  made  a  progresse  thorough  the  North,  and  in  all  our  actings  which 
we  sincerly  designed  for  the  advancement  of  the  Gospell  and  quiet  of  this  church, 
for  promoting  their  Majesties  interest  and  the  publick  peace,  keep'd  within  the 
bounds  prescribed  to  us  ;  yet  the  refraetorines  of  severall  persons  justilie  cen- 
sured by  us,  with  some  other  occurrents  quhairin  we  conceive  the  authoritie  of 
thair  Majesties  lawes  and  government,  as  wel  as  that  of  the  church,  to  be  deeply 
concerned,  do  oblidge  us  to  lay  before  your  Lordships  the  particulars  following  : 

"  1  °.  That,  notwithstanding  severall  ministers,  after  grosse  and  uncontroverted 
scandals  objected  and  proven  against  them,  [have]  been  censured  with  deposition, 
vet  they  presume  to  preach  and  exercise  their  ministerial!  function  in  contempt 
of  all  authority  both  civil  and  eclesiastick  ;  such  as  Master  George  Graham  late 
incumbent  at  [Inneraritie],  deposed  for  habitual  drunkennes  aggravated  with 
most  scandalous  circumstances  ;  Mr.  John  Leslie  at  Eothes,  deposed  for  habitual 
swearing  and  profane  and  obscene  discourses  and  actions,  sordid  usurie,  and  breach 
of  Sabbath,  and  supine  negligence  ;  Master  Thomas  Rae  at  Dundurcas,  deposed 
for  habitual!  swearing  and  horrid  cursings  and  imprecations  ;  Master  James  Smith 
at  Killiemoor  Wester,  deposed  for  habitual!  drunkennes  ;  and  Mr.  Patrick 
Seton  at    Aucliterlesse,  for    habitual  drunkennesse  and  supine    negligence,  and 

(1)  For  the  communication  of  these  copies,  made  at  the  period  by  an  Episcopal  clergyman, 
the  Editor  is  indebted  to  William  Keith,  M.D.,  Aberdeen. 


THE  editor's  preface.  Ixvii 

malicious    stirring    up    of    strife    and    variance    amongst   his    pariochiners    and 
neiglibours. 

"  2°.  That,  though  upon  exact  tryall  it  was  found  that  several  ministers  hade  in- 
truded into  churches  vacant,  not  onlj'  against  good  order,  but  to  the  hinderance  of 
the  regular  planting  of  the  saids  churches  ;  and  therefore  were  discharged  to  preach 
any  more  there,  untill  orderly  admitted ;  yet  they  continue  to  preach  still,  in  contempt 
of  the  sentences  ;    such  as  Mr.  James  Gordon  younger  at  Foveran,(0  and  others: 

(1)  Mr.  Gordon  subsequently  brought  his  case  before  the  public  in  a  pamphlet  entitled  : 
"  A  True  Account  of  the  Procedure  of  the  New  Established  Presbitry  in  the  Diocess  of 
Aberdeen,  against  Mr.  James  Gordon  minister  of  the  Gospel  at  Fovcran.  With  some  ani- 
madversions thereupon.  In  the  Savoy,  Printed  by  Edward  Jones,  for  the  Author.  1696." 
In  a  note  "  to  the  Reader,"  the  author  states  that  "  The  occasion  of  publishing  the  following 
Account,  flowed  not  from  any  Design,  to  expose  the  Partiality  and  Injustice  of  any  Judicatory 
to  publick  view  ;  but  from  a  principle  of  Self-Defence,  in  a  matter  more  dear  than  Life : 
Namely,  because  the  Procedure  of  the  new  erected  Presbitrj'  in  the  Diocess  of  Aberdeen 
(which  formerly  comprehended  Eight)  against  Mr.  Gordon,  hath  made  so  much  noise, 
and  a  most  calumnious  Account  of  it  having  come  abroad,  to  his  disadvantage  in  a  most 
bitter  and  imchristian  Paper,  called,  A71  Information  for  the  Presbitry  of  Aberdeen  and  the 
Laird  of  Udnie  against  him  :  Which  was  Industriously  spread,  both  at-  Edinhtircih,  and 
in  that  Diocess  where  he  lives,  on  purpose  to  stain  his  Reputation,"  etc.  In  the  work  itself 
he  writes  : 

"  To  give  a  full  and  particular  Account  of  all  the  Attempts  of  that  Presbitrxj,  to  dis- 
possess ^Ir.  James  Gordon  of  that  Church,  and  of  all  his  Protestations  and  other  legal 
Methods,  whereby  he  endeavoured  to  keep  Possession,  till  the  Council  should  interpose ; 
would  swell  this  Narrative  to  a  great  bulk,  and  render  it  tedious  to  every  Render.  In 
short,  upon  the  first  of  February,  being  Saturnduy,  the  Keys  of  the  Church  were  re- 
quired mxAnT  Instrument,  by  one  Mr.  Alex.  Kenedy;  and  Answer -vi^is  returned  in  that 
same  manner  by  Mr.  Gordon,  giving  Reasons  why  he  could  not  deliver  them.  The  next 
Day,  the  Church  was  violently  possessed,  and  kept  by  some  of  the  Laird  of  Udney's 
Servants,  and  some  armed  Dragoons,  some  of  which  posted  themselves  in  the  Pulpit  and 
Latron  (or  Reader's  Dash)  with  their  Swords  and  Guns,  and  this  made  way  for  Mr. 
Kenedy  to  Preach  there,  a  verj'  violent  and  disorderly  Method  of  entering  such  a  Place  ! 
yet  suitable  enough  to  the  temper  of  the  Person.  And  this  was  the  first  Mean  the  Pres- 
bitry made  use  of  to  gain.  Mr.  Gordon  being  thus  disappointed  of  the  Pulpit,  and 
much  dissatisfied  with  such  Courses,  rather  than  to  occasion  further  Disorder  by  preaching 
in  the  Church-yard,  retired  himself  to  his  Chamber,  having  first  entered  Protestation 
against  Mr.  Kenedy,  That  what  had  beeit  done,  or  should  be  done  by  him,  should  not 
weaken  his  Title  to  that  Church.  On  the  next  Lord's  Day,  the  same  Mr.  Kenedy  re- 
newed the  Attempt,  being,  it  seems,  the  fittest  Champion  the  Presbitry  could  imploy  in  such 
extraordinary  Missions,  and  having  proven  so  luckie  in  the  former  Assault:  But  tho 
violent  and  disorderly  Courses  were  taken,  to  give  him  access  to  the  Pulpit,  (as  the  Reader 


Ixviii  THE  ebitor's  preface. 

Which  contempt  ought  so  much  the  more  to  be  noticed  by  your  Lordships,  that 
now,  thorough  the  care  of  this  commission,  [whereby]  have  been  taken  in  thirteen 
dissenting  ministers  to  the  presbjrterians  formerly  in  these  bounds,  presbyteries 
are  duly  established  within  convenient  precincts,  so  as  all  churches  vacant  in 
these  parts  may  upon  ane  easie  application  be  regularly  provided. 

"  3°.  That  severall  ministers,  deprived  by  your  Lordships  for  thair  disatfection, 
do  neverthelesse,  contrair  to  your  Lordships  sentence  and  the  Act  of  Parliament 
1690,  whereby  they  are  ordained  first  to  qualify  themselves  in  the  terms  of  the 
said  Act ;  such  as  Mr.  John  Matters  late  incumbent  at  Ceres,  intrud- 
ing himself  upon  Eliot ;  Dr.  John  Nicolson  late  at  Erroll,  Mr.  William  Rattray 
late  at  Cargill,  Mr.  David  Anderson  late  at  Perth,  all  intruding  upon  Kilspindie 
and  presuming  to  pi'each  there  ;  and  other  places  and  other  ministers. 

"  4°.  That,  notwithstanding  the  abolition  of  Prelacie  and  settling  of  Presbyterian 


may  perceive  from  some  of  the  t'ollowing  Accounts)  yet  by  tlie  legal  Methods  used  by  Mr. 
Gordon,  he  was  disappointed  of  the  Pulpit ;  but  to  shew  the  fervour  of  his  pretended  Zeal, 
would  needs  Preach  in  the  Church-yard :  And  thus  the  Matter  continued,  in  this  sad  and 
divided  Conditioti,  till  the  latter-end  of  March,  every  Lord's  Day  (save  two)  while  Mr. 
Gordon  kept  possession  of  the  Pulpit,  a  Presbiterian  Minister,  appointed  by  the  Presbitry 
to  Preach  tlicre,  To  supply  (as  they  call'd  it)  the  Vaccancy,  would  needs  preach  in  the 
Church-yard  to  Udney's  Family  only,  and  some  of  his  People,  who  (contrary  to  their  in- 
clination) were  constrained  to  be  Hearers .-  And  this  was  done,  not  only  wlien  several 
Parishes,  at  some  distance,  wanted  Preachers,  but  even  the  next  adjacent  Parish  was  alto- 
gether destitute  of  Sermon,  as  being  intirely  Vacca7it :  Nay  some  of  those  who  thus  preached 
in  the  Church-yard  of  another  Parish,  to  such  a  Handful,  had  left  their  own  Flocks  at  home 
altogether  unprovided.  And  tho  the  Presbitry  was  very  careful  to  supply  the  Church- 
yard, while  Mr.  Gordon  preached  in  the  Church ;  yet  after  his  Bemoval  therefrom,  it  is 
well  known,  that  both  Church  and  Church-yard  frequently  wanted  Sermon,  and  all  sort 
of  publich  Worship,  several  Lord's-Days  together ;  But  some  preach  Christ  of  Envy, 
Strife,  and  Contention  and  others  of  Good-will,  saith  the  Apostle." 

The  following  extract  from  the  Register  of  the  Kirk  Session  of  Foveran  (under  the  date 
of  April,  1696,)  will  show  how  this  affair  terminated:  "  Mr.  James  Gordon,  being  charged 
by  the  presbytery  of  Aberdeene  to  compear  before  the  Lords  of  the  Privy  Concell  April 
seventh,  did  give  in  a  dimission  upon  Aprile  tenth  1696  to  the  forsaid  Lords  and  did  renounce 
all  title  and  right  that  he  could  pretend  to  the  kirk  of  Foveran,  and  did  oblige  himself  never 
to  preach  in  the  forsaid  kirk  from  that  tym  forwards,  and  was  ordered  to  remove  from  the 
forsaid  parish  at  Whytsunday  next."  In  one  part  of  the  register  is  a  note  by  the  session- 
clerk,  that  "  the  session  was  keeped  in  a  tumultuary  maner,  the  church  being  thronged  with 
people,  and  many  of  the  fishers  crying  out  '  they  wold  not  have  Mr.  James  Gordon  to  be 
thair  minister.'  " 


THE  editor's  preface.  Ixix 

government  in  this  church,  yet  severall  persons  have  received  orders  from  some  of 
the  late  Bishops,  and  thairupon  usurped  the  rainisteriall  function,  and  intruded  into 
churches  ;  such  as  Mr.  John  Auchterlownie  in  Aberlemno,  Mr.  Gideon  Guthrie 
diaconat  in  April  last,  Mr  James  White  at  Streichen. 

"  5°.  That,  notwithstanding  a  commission  was  legally  given  and  authorisd  by  the 
Generall  Assembly  of  this  nationall  church  established  by  law  and  countenanced 
by  their  Majesties  High  Commissioner,  yet  at  Aberdeen  twelve  ministers,  quhairof 
one  only  was  cited  before  us,  took  the  boldnes  to  give  in  a  paper  under  the  title  of 
Queries,  plainly  questioning  not  only  our  authority,  but  the  authority  of  the  law 
quhairby  the  authoritie  of  this  church  is  settled ;  and  though  they  gott  ane  very 
modest  and  rationall  answer,  yet  they  protested  against  us,  and  appealed  from  the 
Commission,  and  that  in  name  of  the  whole  ministers  benorth  Tay,  but  shewed  no 
warrand  from  them  ;  and  further  they  appealed  to  their  Majesties  protection,  albeit 
never  so  much  as  cited  as  said  is,  and  that  they  themselves  have  not  so  much  as 
taken  the  oath  of  allegiance  to  iutitle  them  to  this  protection  ;  so  that  the  con- 
trivance would  seem  evidently  factious,  to  stirr  up  and  animat  all  such  as  are  dis- 
affected against  the  government  both  civil  and  eclesiastick :  And  thus  at  Inver- 
nesse  fourteen  other  ministers  did  officiously  give  in  a  paper  of  adherence  to  the 
Aberdeens  paper,  and  made  thair  protest  and  appeal  in  a  ruder  manner. 

"  6°.  That  quhen  the  Committee  did  sumraonds  witnesses,  particularlie  against 
Mr.  Andrew  Abercrombie  at  Tarland,  a  pei-son  infamous  thorough  all  that  countrey 
by  reason  of  his  scandalous  and  flagitious  life,  yet  the  witnesses  were  keeped 
back ;  which  may  be  a  bad  example  unlesse  your  Lordships  prescrive  some  com- 
pulsorie  methods  for  preventing  the  like  in  time  comming. 

"  7°.  That,  notwithstanding  that  Presbyterian  government  is  settled  by  Act  of 
Parliament,  and  the  exercise  thairoff  lodged  in  the  hands  only  of  the  ministers 
and  elders  therein  sett  down,  yet  many  of  the  Episcopall  clergie  in  the  North  do 
usurp  eclesiastick  authority,  and  keep  their  own  meetings,  where  they  license 
preachers,  order  the  admission  of  ministers,  supply  vacancies,  and  do  other  acts 
of  order  and  discipline,  contrary  to  law,  and  to  the  establishing  of  schism  in  the 
church,  and  to  the  visible  prejudice  of  thair  Majesties  interest. 

"  8°.  That  the  havers  of  the  keyes  of  several  vacant  churches,  did  refuse  to  make 
them  furthcumming  to  the  committee  ;  quhich  is  both  against  law  and  your  Lord- 
ships frequent  acts  and  orders  ;  and  thus  the  keyes  off  the  kirks  both  of  Eliot  and 
Kilspindie  were  refused  by  havers  thairoff. 

"  9°.  That,  though  in  all  churches  where  the  woi'ship  of  God  is  performed,  theie 


IXX  THE    editor's    PREFACE. 

ought  to  be  no  disorderly  interruption  upon  any  pretence  whatsomever,  yet  in  the 
church  off  Old  Aberdeen  severall  insolent  persons  have  presumed  to  interrupt  the 
worship  ofF  God,  by  offering  at  their  own  hands  another  part  of  worship,  most  un- 
seasonably, to  the  manifest  profanation  of  the  publick  worship,  and  the  real  dis- 
turbance of  the  congregation  who  gave  no  coraplyance  with  the  said  disorder  : 
Which,  being  manifestly  factious,  and  in  all  probability  fomented  by  persons  dis- 
affected, doth  not  only  occasion  great  scandal,  but  is  very  like  to  grow  to  ane 
higher  degree  of  insolence,   if  not  timeouslie  restrained. 

"  And,  seeing  that  the  happy  successe  that  we  have  hade,  through  the  blessing 
of  God,  in  these  parts,  by  a  taking  and  ingaining  a  good  number  of  ministers,  and 
disposing  of  others  to  follow  thair  example  ;  and  by  recommending  our  modera- 
tion to  all  the  well  affected  in  these  parts  ;  and  settling  the  severall  churches  and 
presbyteries  to  the  greatt  benefitt  of  the  gospell  and  advantage  of  thair  Majesties 
interest  ;  doth,  in  a  manner,  wholly  depend  upon  your  Lordships  interposing  in 
the  premisses,  and  giving  unto  the  church,  and  its  authority,  that  countenance 
and  assistance  which  the  law  ordains,  and  your  Lordsliip  knowes  to  be  necessary  : 

"  May  it  therefore  please  your  Lordships  to  take  the  premisses  to  your  serious 
consideration,  and  to  apply  some  due  remedy  to  the  above  mentioned  evills,  as  the 
law  allowes  and  your  Lordship  shall  find  most  proper ;  especially  seeing  we  can 
confidently  averre,  that  any  opposition  or  discountenance  we  met  with  in  these 
parts,  was  only  from  persons  notoriously  disaffected  to  thair  Majesties  government, 
and  principally  upon  that  accompt,  and  quharever  ministers  partakers  of  the  pre- 
sent church  government  are  settled  in  the  north,  or  have  accesse  to  preach  in  these 
bounds,  there  is  a  sensible  growing  of  affection  amongst  the  people  to  the  civill  as 
wel  as  to  the  eclesiastick  government. 

"  And  your  Lordship's  petitioners   shall  ever  pray." 

"ACT    OF    CODNCELL    AKENT    THE    KIRKS    COMMISSION.      1694. 

Edinburgh  6th  September  1694.. 
"  The  Lords  of  thair  Majesties  Privie  Counsell  having  considered  the  representa- 
tion made  to  them  by  the  Committee  of  the  General  Assembly  for  the  North,  to- 
gether with  a  report  of  a  Committee  of  thair  own  number,  appointed  to  consider 
the  said  representation  and  several  articles  thairoff:  They,  as  to  the  first  article  of 
the  said  representation,  anent  ministers  deposed  for  scandals,  do  hereby  appoint 
and  authorise  the  clerks  of  Counsell,  upon  production  of  the  sentences  of  deposi- 
tion pronounced  by  the  said  Committee  of  the  Generall  Assembly  against  these 


THE  editor's  preface.  Ixxi 

ministers,  to  give  out  letters  of  liorning  suuimarly  at  the  instance  of  the  agent  for 
the  Kirk  against  the  persons  named  in  the  said  sentences,  charging  them  instantly 
to  remove  themselves  from  the  saids  churches  from  which  they  are  deposed,  and 
likewayes  remove  themselves,  wives,  bairns,  etc.,  from  the  manses  and  gleebs,  and 
that  betuixt  and  the  feast  and  term  of  Martinmasse  next ;  and  upon  return  of  the 
horning  duly  registrat,  appoint  them  to  give  out  letters  of  ejection  or  caption,  as 
they  shalbe  desired. 

As  to  the  second  Article  of  the  said  Representation,  anent  intruders,  albeit 
upon  the  sentence  of  the  said  Commission  or  Committee  declaring  the  intrusion, 
and  ordering  the  intruder  to  desist  the  same,  execution  be  competent  in  law  as 
upon  the  forsaid  sentence  of  deposition,  yet  the  saids  Lords  having  made  suniniar 
charging  at  this  time,  do  hereby  recommend  to  Sir  James  Stewart,  their  Majesties 
Advocat,  to  pursue  and  cite  those  intruders  before  the  Counsell,  calling  the  num- 
ber to that  the  Counsell  may  cause  put  the  forsaid  sentence  oft' 

the  Commission  to  effectual  execution  as  accords. 

As  to  the  third  Article,  anent  ministers  deprived  by  the  Counsell,  and  not  qua- 
lified, and  yet  continue  to  preach,  the  Counsell  recommends  to  the  said  Lord  Ad- 
vocat to  inform  himself  of  those  ministers,  and  pursue  them  before  the  Councell, 
as  hitherto  hath  bin  practised  ;  and  for  the  Lord  Advocats  better  information,  the 
saids  Lords  do  hereby  ordain  shirreffs  of  the  severall  shires  to  send  in  to  his 
lordship  lites  of  all  preaching  ministers,  either  in  kirks  or  meeting  houses,  within 
their  bounds,  that  he  may  know  who  of  them  have  bin  deprived  and  have  not 
yet  qualified  themselves  according  to  law. 

As  to  the  fourth  Article,  anent  ministers  ordained  by  Bishops  and  intruding, 
the  saids  Lords  do  hereby  recommend  to  the  said  Lord  Advocat  to  pursue  and 
cite  all  ministers  ordained  by  Bishops  since  prelacie  was  abolished,  and  intruding 
themselves  into  churches,  as  is  appointed  in  the  second  Article. 

As  to  the  fifth  Article,  anent  the  paper  of  Queries  given  at  Aberdeen  and  ad- 
hered to  at  Invernes,  the  saids  Lords  do  hereby  nominat  and  appoint  the  Earle  of 
Annandale,  the  Viscount  of  Tarbet,  the  Lord  Carmichell,  Lord  Advocat,  and  Lord 
Justice  Clerk,  to  be  a  committee,  and  call  for  the  papers  and  protests  mentioned 
in  the  Article  from  the  Moderator  or  Clerk  of  the  Commission,  and  to  consider 
the  same  if  seditious  or  factious  or  not ;  and  make  their  report  thereanent  to  the 
Counsell  against  the  first  meeting  in  October  next. 

As  to  the  sixth  Article,  anent  compulsories  for  bringing  in  witnesses,  the  saids 
Lords  do  hereby  ordain  al  shirreffs,  Stewarts,  bailyies  of  bailyieries  and  regalities, 

K 


Ixxii  THE  editor's  preface. 

magistvats  of  burghs  or  others,  to  cause  all  such  persons  as  are  cited  to  appear 
before  any  church  judicatorie  as  witnesses,  to  compeir  before  the  same  in  that 
order  q,nd  by  that  method  that  law  allowes. 

As  to  the  seventh  Article,  anent  episcopall  ministers  thair  keeping  meetings, 
the  saids  Lords  do  hereby  referre  that  matter  to  the  committee  already  appointed 
for  considering  the  forsaid  papers  and  protests  in  the  fifth  Article,  and  declares  any 
three  of  the  above  said  committee  to  be  a  sufficient  quorum  to  both  these  Articles  ; 
and  hereby  authorises  and  empowers  them  or  thair  said  quorum  to  take  tryall  of 
the  saids  meetings,  and  to  call  and  examin  the  matters  as  they  shall  see  cause,  and 
to  issue  forth  precepts  for  citing  them  to  that  effect ;  and  recommends  the  said 
committee  [to  report]  on  this  article  quhen  they  make  report  on  the  fifth  Article. 

As  to  the  eighth  Article,  anent  the  keyes  of  churches,  the  saids  Lords  do  hereby 
revive  the  Act  of  Councell  of  the  date  the  12  of  July,  1690,  ordaining  the  heritors, 
patrons,  and  all  others  havers,  to  deliver  up  the  keyes  of  the  churches  quhich  are 
vacant :  And,  further,  ordains  the  keyes  of  the  saids  vacant  churches  to  be  given 
up  to  all  commissions  or  judicatories  of  the  Church,  on  thair  order  quhen  occasion 
may  require  ;  and  ordain  letters  of  horning  on  fifteen  dayes  against  the  havers. 

And  as  to  the  ninth  Article  of  the  said  representation,  anent  the  disturbers  of 
divine  worship,  the  saids  Lords  recommends  to  the  said  Lord  Advocat  to  pursue 
those  persons  as  accords,  etc. 

XIII.  This  is  a  letter  to  the  Reverend  James  Wodrow  from 
the  Reverend  Thomas  Ramsay,  vpho,  in  1694,  was  translated  from 
the  kirk  of  Calder,  near  Glasgow,  to  that  of  Saint  Nicholas  in  Aber- 
deen.(')  It  is  dated  in  1697,  and  shows  the  progress  which  the 
Presbyterian  establishment  had  then  made  in  what  the  writer  calls 
•'  this  vast  and  desolat  countrey."  In  October,  1690,  there  was  but 
one  Presbyterian  minister ^^^  in  the  Synod  of  Aberdeen  and  Banff, 

(0  Mr.  Ramsay,  the  first  Presbyterian  minister  in  Aberdeen  after  the  Revolution,  died 
on  the  twenty-eighth  of  July,  1698,  and  was  buried  in  the  churchyard  of  Saint  Nicholas. 
The  inscription  on  his  tomb  may  be  seen  in  Monteith's  Theater  of  Mortality. 

(2)  Mr.  Arthur  Mitchell,  minister  at  Turreif.  He  had  been  deposed  and  ejected 
in  1661  :  sentence  of  deposition,  it  is  said,  had  been  previously  passed  against  him  in 
1635,  "  tho'  he  continued  to  preach  there,  by  means  of  a  prevailing  faction  of  Remon- 
strators."     Skinner's  Ecclesiastical  History  of  Scotland,  vol.  ii.,  p.  567,  note.    Lond.  1788. 


THE  editor's  preface.  Ixxiii 

containing  eight  presbyteries,  and  about  a  hundred  parishes ;  in 
July,  1694,  there  were  eight ;(')  and  in  April,  1697,  there  were 
no  fewer  than  fifteen.  Hitherto  the  whole  ministers  had  "  formed 
one  united  presbytery " ;  but  it  was  now  considered  proper,  says 
Ramsay,  "  to  divide  ourselves  in  thrie  presbyteries,  although  we'll 
be  but  four  ministers  in  one,  five  in  another,  and  six  in  the 
third,  (2'  for  all  our  additions."  A  Presbyterian  Kirk  Session 
had  been  formed  in  Aberdeen,  on  the  ninth  of  July,  1694.*^^) 
And,  on  the  twenty-seventh  of  February,  1704,  the  sacrament 
of  the  Lord's  Supper  was  administered  to  the  members  of  the 
Presbyterian  church  in  that  city,  for  the  first  time  since  its  re- 
establishment  in  the  year  1690.*^^) 


Xi.  Ei)t  ^ittotjnc  ^papers. 

These  Papers,  for  the  ready  use  of  which  the  Club  is  indebted 
to  Colonel  Knight  Erskine  of  Pittodrie,  refer  (with  the  ex- 
ception of  Numbers  XXVI.,  XXVII.,  and  XXVIII.)  to  his 
distinguished  ancestor.  Sir  Thomas  Erskine  of  Brechin,  Knight, 
Secretary  to  King  James  the   Fifth. 

(1)  Mr.  Arthur  Mitchell,  at  Turreff;  Mr.  George  Anderson,  at  Tarves ;  Mr.  David 
Lindsay,  at  Dalmaok ;  Mr.  Patrick  Innes,  at  Banff;  Mr.  William  Johnston,  at  Keirn ; 
Mr.  William  Thomson,  at  Auchindoir ;  Mr.  William  Garioch,  at  Kinethmont ;  and  Mr. 
William  Fraser,  at  Slains.  Presbytery  Records,  "  Register  while  the  whole  Province  of 
Aberdeen  was  one  Presbytery,"  pp.   1 — 6. 

(2)  The  Presbytery  of  Aberdeen,  with  which  that  of  Kincardine  O'Neill  remained  in- 
corporated until  the  year  1700.  The  members  at  its  formation  in  1697  were,  Mr. 
Thomas  Ramsay,  and  Mr.  James  Osborn,  at  Aberdeen  ;  Mr.  William  Thomson,  at  Kin- 
tore  ;  Mr.  David  Lindsay,  at  Dalmaok  ;  Mr.  .\lexander  Thomson,  at  Peterculter ;  and 
Mr.  Thomas  Kinnear,  at  Echt.     Presbytery  Records. 

(3)  Aberdeen  Kirk  Session  Register  (second  series),  vol.  i. 

(4)  Aberdeen  Kirk  Session  Register  (second  series),  vol.  iii. 


Ixxiv  THE    editor's    PREFACE. 

This  statesman  was  the  second  son  of  John  Erskine,  fourth 
hiird  of  Dun,  by  his  wife  Mariot  Graham,  a  daughter,  it  is  be- 
lieved, of  the  house  of  Moi'phy.  His  elder  brother  John,  who 
inherited  the  estate  of  Dun,  married  Margaret  daughter  of 
William  first  Lord  Ruthven,  and  was  by  her  the  father  of  John 
Erskine  of  Dun,  the  celebrated  Superintendent  of  Angus  and  The 
Meams.(')  The  Editor  has  not  been  able  to  discover  any  notice 
of  the  Secretary's  life  previous  to  the  date  of  the  earliest  of  the 
documents  in  the  text ;  and  it  is  believed  that  he  did  not  long  sur- 
vive the  period  at  which  the  latest  of  these  was  granted.  The  last 
occasion  on  which  he  is  found  on  record  is  on  the  twenty-fourth  of 
Mai-ch,  1550,  when  he  conveyed  his  right  in  the  lordships  of 
Brechin  and  Navar  to  his  kinsman  John  fourth  Lord  Erskine,  in 
exchange  for  the  barony  of  Balhagardy,  in  The  Garioch/^^     From 

(1)  Genealogical  Tree  of  tlie  ancient  Family  of  Erskine  of  Dun,  in  Wodrow's  Biogra- 
])hical  Collections,  vol.  i.,  p.  434.  Sir  Thomas,  among  other  grants  to  his  nephew,  the 
Superintendent,  conveyed  to  him,  in  the  month  of  February,  1542,  the  office  of  the  Con- 
stabulary of  Montrose,  with  the  lands,  fishings,  etc.,  belonging  to  the  same.  Id.,  pp. 
409,  41U. 

(2)  "  Charter  of  confirmation  of  a  charter  be  John  Lord  Areskine  to  Thomas  Areskine 
of  Breichen  and  his  heirs  male,  which  failing  to  returne  to  my  Lord,  of  the  lands  of  Bal- 
haghirdy  viz.  the  lands  and  town  of  Balhaghirdy  ;  Knockinglas ;  the  Mill  of  Inneramsay, 
with  the  nmlters  therof;  the  half  of  the  lands  of  Drumdurnoch ;  lands  of  Pitscurtie, 
Durlathane,  and  Pittodrie  ;  with  the  pertinents  viz.  the  lands  of  Munramsay,  Pitbie,  New- 
Innds,  and  Bandis,  with  advocations  therof,  in  Garioch ;  in  excambion  of  the  lordship  of 
Brechen  and  Navar,  with  the  fishing  on  the  water  of  Southesk,  with  18  lib.  3  sh.  4d.  of 
few  of  the  lands  of  Bannabreich ;  5  lib.  yearly  duty  of  Nather  Carreldstoun  and  9  lib.  of 
borrow  maills  of  Breichen  in  Forfarshire.  Saint  Germans  in  France  25  Jully  1549;  and 
confirmation  at  Edinburgh  10  April  rcgni  8.  [1530.]" 

"  Charter  of  confirmation  be  Thomas  Arskine  of  Breichen  to  John  Lord  Arskine  and 
his  heirs  male  of  the  barony  of  Brechen  and  Navar  with  castell  groves  and  advocation, 
with  the  preceptory  of  Maison  Deue  ;  with  the  few  duty  of  18  lib.  13  sh.  4  d.  out  of  Bal- 
nabreich  ;  5  lib.  annuell  rent  out  of  Nather  Carraldstoune  ;  with  9  lib.  of  the  duties  of  the 
burrow  males  of  Brechen  ;  with  the  office  of  baillary  and  chamblanary  of  the  lordship  of 
Breichen,  in  Forfar ;  in  excambion  of  the  barony  of  Bulhaggardy,  Mill  of  Inneramsay,  and 
multers  therof,  with  advocation  etc.  in  Garioch,  and  shire  of  Aberdeen.  Solvendo 
333  lib.  6  sh.  8  d.,  as  follows  viz.  9  lib.  to  a  chaplaine  in  Breichen  ;  7  lib.  8  sh.  annuellren 


THE    editor's    preface.  IxXV 

these  lands  his  descendants  for  some  generations  took  their  style ; 
but,  about  the  middle  of  the  seventeenth  century,  they  exchanged  it 
for  that  of  Pittodrie,'''  by  which  they  have  ever  since  been  knowTi. 

I.  In  this  letter,  dated  at  Edinburgh  on  the  sixth  of  November, 
1528,  Archibald  Douglas  of  Glenbervy  acknowledges  to  have  re- 
ceived in  pledge  from  "  Master  Thomas  Erskin  of  the  Haltoun," 
a  chain  of  gold  containing  eight  and  forty  links,  which  he  obliges 
himself,  with  consent  of  his  curators,  James  Douglas,  canon  of 
Ross,  and  Master  Adam  Otterburn  of  Auldhame  (afterwards  the 
King's  Advocate),  to  restore  on  payment  of  eighty  merks,  in 
which  Erskine  stood  indebted  to  him. 

II.  This  is  the  first  warrant  for  the  office  of  Secretary 
to  the  King,  with  the  keeping  of  the  King's  Signets,  in 
favour  of  "  Maister  Thomas  Erskyne   of  Haltoun."     It   is  dated 

to  the  Pryor  of  Resteinotc  ;  16  sh.  4  d.  to  the  Abbot  of  Couper  ;  316  Hb.  12  sh.  to  the 
Queen  aiid  her  heirs  of  few  duty,  and  doubling  the  same  the  first  year  of  the  entrie  to  the 
said  barony,  and  deduceing  nevertheless  the  double  of  the  18  lib.  of  annuellrent  Balna- 
breich,  and  the  said  soum  of  5  lib.  of  Nether  Carraldstoun.  Saint  Andrews  24  March 
1350 ;  and  confirmation  Edinburgh  22  April  regni  8.  [1550.]"  A  Collection  of  Abre- 
viats  of  Charters.  Collected  by  Sir  John  Scot  of  Scotstarvet,  pp.  306,  307,  310.  MS. 
Skene  House. 

"  Pittodrie,  the  seat  of  Erskin  of  Pittodrie,  descended  of  Sir  [Thomas]  Erskin  of 
Brechin,  (a  cadet  of  Dun)  Secretary  to  King  James  V.  He  exchanged  (very  sur- 
prizingly)  the  estate  of  Brechin  with  the  Earl  of  Mar  (who  is  said  to  have  been  his 
nephew)  for  that  of  Pittodrie  (then  called  the  estate  of  Balhaggartie) ;  but  his  son 
John  (by  a  daughter  of  Scrimgeour  of  Duddop)  was  the  first  who  settled  here.  This 
John,  by  a  daughter  of  Douglass  of  Glenbervey,  had  a  son  John  ;  who,  by  a  daughter 
of  Gordon  of  Cluny  (son  to  the  Earl  of  Huntley),  had  a  son  Thomas ;  who,  by  a 
daughter  of  Seton  of  Meldrum  (which  daughter  was  one  of  the  coheiresses  of  that 
family),  had  a  son  called  also  Thomas.  This  second  Thomas  (of  Pittodrie)  had  (by  a 
daughter  of  Auchinleck  of  Balmanno  in  Strathardil)  a  son  called  William ;  which  William, 
by  a  daughter  of  Grant  of  Ballindalloch,  had  a  son  (the  present  [1726-1732])  Thomas 
Erskin  of  Pittodrie ;  whose  heir,  by  a  daughter  of  Burnet  of  Craigmyle,  is  William 
Erskin."      View  of  the  Diocese  of  Aberdeen,  p.  36.   MS.,   Advocates'  Library. 

(I)  Inquisitiones  Speciales.     Aberdeen  181,195,357. 


Ixxvi  THE  editor's  preface. 

on  the  sixth  of  March,  1525 ;  and  is  subscribed  by  Margaret, 
the  Queen  Mother,  and  James,  first  Earl  of  Arran,  who,  in 
the  previous  July,  had  assumed  the  exercise  of  the  government 
in  name  of  King  James  V.,  then  a  boy  of  only  twelve  years  of 
age. 

III.  In  this  deed,  which  is  dated  on  the  fifth  of  October,  1526, 
the  oflSces  of  chief  Secretary  to  the  King,  and  Keeper  of  the  King's 
Signets,  are  conferred  on  Erskine  for  life.  His  former  appointment 
had  been  limited  to  the  minority  and  pleasure  of  the  Sovereign. 
In  the  succeeding  year,  he  obtained  a  further  mark  of  the  Royal 
favour.  On  the  tenth  of  May,  1527,  the  Parliament  "  ratifiis  and 
appreuis  the  charter  of  fewferm  maid  to  Maister  Thomas  Erskin 
of  Haltoun  secretar  to  our  Souerane  Lord  of  the  landis  of  Kin- 
crag  and  vther  landis  in  fewferm  in  all  punctis  eftir  the  tenour  of 
the  said  charter."(')  He  soon  afterwards  received  the  honour  of 
Knighthood.(2) 

Numbers  IV.,  VI.,  and  VII.,  refer  to  an  early  negotiation, 
which  seems  to  have  escaped  the  notice  of  our  popular  histo- 
rians, for  the  nuptials  of  the  King  with  the  unfortunate  Princess, 
whom  he  afterwards  wedded  somewhat  unexpectedly.  So  early  as 
the  year  1524,  the  Parliament  had  contemplated  the  marriage 
of  their  young  Sovereign  with  the  daughter  of  Henry  VIII.  of 
England.(')  Again,  in  1526,  the  Estates  had  ordained  "  that 
honest   ambassatouris   be  send   intill   France    and    Ingland    as    it 


(1)  Robertson's  Parliamentary   Records  of  Scotland,  p.   576.     Printed  by  command  of 
his  Majesty,  King  George  III.     1804.     (Suppressed.) 

(2)  Between  the  fourth  of  September,   1329  (see  Registrum   Moraviense,  p.  418,  no. 
443) ;  and  the  sixth  of  April,  1330  (see  below,  pp.  180,  181,  numbers  iv.  and  vi.) 

(3)  Robertson's  Parliamentary  Records  of  Scotland,  p.  545. 


THE  editor's  pbeface.  Ixxvii 

sail  pleis  the  Kinqis  qrace  to  treit  apoun  his  mariage  according  to 
his  estate  riale."(')  From  the  documents  now  brought  to  light, 
it  appears  that  before  April,  1530,  the  King,  then  in  his 
eighteenth  year,  had  made  his  choice.  It  had  fallen  upon  the 
daughter  of  France.  Number  IV.,  dated  sixth  April,  1530,  is  a 
letter  of  credence  to  King  Francis  I.  from  the  King  of  Scots, 
in  favour  of  Sir  Thomas  Erskine  of  Haltoun,  Knight,  his  principal 
Secretary,  for  soliciting  in  marriage  the  Lady  Magdalene,  the 
eldest  daughter  of  the  French  Sovereign.  Of  the  same  date, 
King  James  gi-anted  a  similar  letter  of  credence  (Number  VI.), 
in  favour  of  his  cousin,  John,  Didie  of  Albany,  who  was  then 
resident  at  the  French  court.  And  a  few  days  previously,  and 
evidently  for  the  purposes  of  the  same  negotiation,  a  transumpt, 
or  certified  copy,  (Number  VII.,)  had  been  made  of  a  charter 
by  which,  in  1428,  King  Charles  VII.  of  France,  in  considera- 
tion of  the  treaty  of  marriage  between  his  son  the  Dauphin 
(afterwards  Louis  XI.),  and  the  Lady  Margaret  of  Scotland, 
eldest  daughter  of  King  James  I.,  conveyed  to  that  monarch  the 
county  of  La  Saintouge,  with  the  castle  and  castellany  of  Roch- 
fort-sur-la-Charente . 

It  would  appear  that,  after  proceeding  thus  far,  the  designed  ne- 
gotiation had  been  suddenly  abandoned,  at  least  for  a  time ;  and 
that  the  credentials  with  which  he  had  been  furnished  for  his  high 
mission,  remained  undelivered  with  Sir  Thomas  Erskine. 

At  the  end  of  two  years,  the  project  was  revived.  Number 
VIII.  is  a  transumpt  made  on  the  sixth  of  November,  1532,  by  the 
Burgomasters  of  Campvere,  of  a  letter  of  protection,  granted  in 

(1)  Robertson's  Parliamentary  Records  of  Scotland,  p.  362. 


Ixxviii  THE  editor's  preface. 

March  preceding,  by  King  Henry  VIII.  of  England,  to  James 
Bishop  of  Ross  and  Sir  Thomas  Erskine  of  Haltoun,  Knight, 
passing  through  his  dominions  to  foreign  parts,  with  forty  persons 
and  as  many  horses  in  their  train.  The  object  of  their  journey 
was  kept  secret  from  the  jealous  eyes  of  Henry;  but  we  learn 
from  a  contemporary  Scotish  chronicler,  that  it  was  to  treat  of  a 
marriage  between  the  King  of  Scots  and  the  daughter  of  France.^ 
The  safe-conduct  is  dated  on  the  twelfth  of  March  ;  and  the  anna- 
list just  cited  records  that  the  ambassadors,  "  James  Hay,  bischope 
of  Ross,  and  Maister  Thomas  Erskin,  secretare,"  took  their 
departure  on  the  twenty-sixth  of  that  month.  Their  em- 
bassy, from  whatever  cause,  was  unsuccessful  ;  and  no  better 
fortune  attended  a  third  commission,  dated  on  the  twelfth  of 
February,  1534,  with  which  Sir  Thomas  Erskine,  now  designed 
of  Kirkbuddo,  was  entrusted  "  to  treat,  of  the  King's  marriage, 
with  the  King  of  France."*^-) 

The  final  and  unexpected  issue  of  the  negotiations  for  the  mar- 
riage of  the  young  King  of  Scots  must  be  familiar  to  all.  In 
1536,  he  set  sail  for  France  to  espouse  the  daughter  of  the  Due 
de  Vendome,  Marie  de  Bourbon,  to  whom  he  had  been  for  some 
time  affianced ;  but  she,  whom  he  brought  back  to  Scotland  as  his 
Queen,  was  not  the  betrothed  bride  whom  he  had  gone  to  wed, 
but  the  Princess  whose  hand  he  had  been  bent  on  seeking  six  years 
before,  the  Lady  Magdalene  of  France.     The  cause  of  an  altera- 


(1)  Diurnal  of  Occurrents,  p.  14.     Edinburgh.  Printed   for  tlio  Bannatjne  Club.    1833. 

(2)  Scotstarvet's  Collection  of  Abreviats  of  Charters,  pp.  IGU,  167.  MS.  Skene  House; 
"  Thomas  Arskine  of  Kirbuddo,  Knicht,  Secretar,  has  a  commission  to  treat,  of  the  Kings 
marriage,  with  the  King  of  France.  Falkland,  1'2  February  1533."  See  also  Pinkerton's 
History  of  Scotland,  vol.  ii.,  p.  332. 


THE  editor's  preface.  Ixxix 

tion  in  the  King's  intentions  so  entire  and  so  sudden  has  not 
been  altogether  satisfactorily  explained.  Our  Scotish  annalists, 
(and,  it  has  been  said,<')  that  the  French  historians  agree  with 
them),  attribute  the  change  of  purpose  to  the  aifection  which  the 
young  Princess  felt  for  James  from  the  first  moment  of  their  meet- 
ing. In  the  words  of  honest  Pitscottie,  "  from  the  time  she  saw 
the  King  of  Scotland,  and  spake  with  him,  she  loved  him  so,  that 
she  would  have  no  man  on  life  to  be  her  husband,  but  him  alla- 
nerly."^^)  The  passion  of  the  Lady  Magdalene,  apparently  so 
sudden,  may  now,  perhaps,  be  in  part  accounted  for  by  the  circum- 
stance which  the  paper  in  the  Pittodrie  charter  chest  reveals,  and 
which  could  scarcely  have  failed  to  reach  lier  ears, — that  in  the 
young  King  of  Scots  she  beheld  one  who  had  been  a  suitor  for  her 
love  when  she  was  but  in  her  tenth  year.  It  were  out  of  place  here 
to  dwell  longer  on  these  ill-starred  nuptials,  or  on  the  untimely 
fate  of  the  fond  bride ;  "  where-through,"  says  Pitscottie,  "  there 
yeid  such  mourning  through  the  country,  and  lamentation,  that  it 
was  great  pity  for  to  see  ;  and  always  the  King's  heavy  moan, 
that  he  made  for  her,  was  greater  than  all  the  rest  !" 

IX.  From  this  paper  it  appears  that  Sir  Thomas  Erskine  shared 
with  the  other  favourites  of  the  King  in  the  division  of  the  vast 
possessions  placed  at  his  disposal  by  the  forfeiture  of  the  Douglasses 
in  September,  1528.  The  morsel  which  fell  to  the  Secretary's 
lot,  was  one  which,  it  is  said,  the  Sovereign  had  at  first  reserved 
for  himself,  as  too  dangerous  a  trust  to  be  placed  in  the  hands  of  a 
subject,(^) — the  hereditary  office  of  Keeper  of  Tantallon  Castle,  the 

(1)  Tytlcr's  History  of  Scotland,  vol.  v.,  p.  213.     Edinb.  1841. 

(2)  Pitscottie's  History  of  Scotland,  p.  286.  edit.  Glasg.  1749. 

(3)  Tytler's  History  of  Scotland,  vol.  v.,  pp.  189,  190. 

I. 


IxXX  THE    editor's    PREFACE. 

all  but  impregnable  fortress  on  the  shore  of  Lothian,  from  the 
walls  of  which,  but  a  few  years  before,  King  James  himself,  after 
a  siege  of  twenty  days,  had  come  back  a  baffled  man.  Sir  Thomas 
consents  to  surrender  this  important  charge  into  the  hands  of  the 
King,  that  it  may  be  bestowed  on  the  eldest  of  his  bastard  sons  (by 
Elizabeth  Shaw,  daughter  of  the  laird  of  Sauchie),  James  Stewart, 
Abbot  of  Kelso  and  Melrose.  In  recompense,  the  Secretary  re- 
ceives a  gift  of  a  pension  for  five  years  of  two  hundred  pounds 
yearly,  payable  from  the  lands  of  Brechin  and  Navar.  He  had 
previously  obtained  possession  of  the  greater  portion  of  the 
revenues  of  that  lordship,  together  with  a  grant  of  its  ancient 
Arms, — the  three  ruddy  piles  so  familiar  to  the  heraldry  of  Angus 
and  The  Mearns.O 

(1)  "  Charter  to  Thomas  Areskine  of  Haltoun  of  the  lordschip  of  Brechine  and  lands 
thairto  pertaining,  be  his  own  resignation :  the  seasine  to  be  taken  at  the  Castle  of 
Brichine:  solvendo  130  hb.  17  sh.  8  d.  Stirling  8  March  1531.  The  said  Thomas 
Areskine  and  Elizabeth  Scrimgeour  his  spouse  and  their  heirs  has  a  charter  of  the  mill  and 
barony  of  Kirkbuddo  in  Forfar  be  his  own  resignation.  8  March  1531."  Scotstarvet's 
Collection  of  Abrcviats  of  Charters,  p.  156.  MS. 

"  Charter  to  Thomas  Arskine  of  Kirbuddo,  Knicht,  Secretar,  of  the  lordship  of  Brechen 
and  Navar,  with  the  Castlestead ;  and  donation  of  three  chaplanaries,  and  the  place 
of  six  boyes  in  the  Colledge  Kirk  of  Brichen  ;  and  i  lib.  17  sh.  6  d.  of  annuellrent  out  of 
Carlestoun  in  Forfar  :  except  the  few  duties  of  Brechen  extending  to  9  libs,  doted  bcfor 
be  the  Kings  father  to  a  chaplane ;  as  also  except  the  lands  of  Balnabreich  disponed  befor 

to    umquhill Guthrie    of    That   Ilk  for   18  lib.    17  sh.  4  d.   of  few  duty;    and 

also  excepting  the  lands  of  Pittentescall  disponed  to  William  Wood  of  Bonytoun  for 
31  lib.  of  few  duty.  Solvendo  240 lib.  And  he  (jives  him  the  Arms  therof  because  he 
was  ambassadour  to  forraigne  princes.  Couper  4  February  1533.  The  said  Thomas  has 
a  commission  to  treat,  of  the  King's  marriage,  with  the  King  of  France.  Falkland 
12  February  1533."  Id.,  pp.  166,  167.  The  grant  of  the  Arms  of  Brechin  explains  what 
puzzled  old  Nisbet:  "  Sir  [Thomas]  Erskine  of  Brechin,  who  was  Secretary  to  King 
James  V.  descended  of  Erskine  of  Dun,  carried  quarterly,  as  by  his  seals  which  I  have 
seen,  first  and  fourth  Erskine  of  Dun,  second  and  third  argent,  three  piles  issuing  from 
the  chief  (7«/es,  for  Brechin,  but  upon  what  account  I  hnow  not:  His  representative  is 
Erskine  of  Pittodrie."  Heraldry,  vol.  i.,  p.  41.  The  three  piles  are  found,  in  the  twelfth 
century,  on  the  seals  of  David  Earl  of  Huntington  and  The  Garioch,  who  bequeathed  the 
lordship  of  Brechin  to  one  of  his  illegitimate  sons. 


THE  editor's  preface.  Ixxxi 

X.  This  refers  to  the  hereditary  office  of  Sheriff  of  Fife, 
the  possession  of  which  at  this  time  seems  to  have  been  matter 
of  contest  between  the  house  of  Rothes  on  the  one  hand,  and  that 
of  Lindsay  of  the  Byres  on  the  other.  In  1525,  the  parliament 
had  ratified 

"  The  gift  and  adinissioun  of  the  office  of  Scherefschip  of  Fiife  maid  be  the 
Kingis  grace  with  aviss  of  ray  lord  gouernour  for  the  tyme  to  Patrik  Lord 
Lindesay  of  the  Byris  Jhone  Lindesay  of  Petcriivy  knycht  his  sone  and  ap- 
perand  air  and  Jhone  Lindesay  sone  and  apperand  air  to  the  said  Jhone  vnder 
the  priue  sele  in  all  punctis  and  efter  the  forme  and  tenour  of  the  samin  off  the 
dait  at  Dunbertane  the  xxx  day  of  Maii  the  yer  of  God  i™  v<^  and  xxiiii  yeris 
and  of  the  Kingis  regne  the  xi  yer."(i) 

Patrick  Lord  Lindesay  died  in  1526,  and  was  succeeded  by  his 
grandson  as  well  in  his  titles  as  in  his  office  of  Sheriff  of  FifeJ-^ 
In  June,  1529,  the  Sheriffship  is,  notwithstanding  the  parliamentary 
ratification,  conferred  by  a  royal  charter  on  George,  third  Earl  of 
Rothes,^')  and  it  seems  to  have  been  possessed  by  him.^''^  The 
object  of  the  Signet  Letter,  printed  in  the  text,  is  to  restore  the 
office  to  Lord  Lindsay.  It  is  dated  at  Falkland  on  the  fourteenth 
of  December,  1538  ;  and  on  the  back  of  it  is  a  mandate  subscribed 
by  the  King  at  Edinburgh  on  the  third  of  January,  1639,  com- 
manding the  Secretary  instantly  to  affix  the  signet  to  the  grant, 
without  waiting  till  it  should  be  subscribed  by  the  Lord  Treasurer  ; 
and  charging  him  to  keep  the  warrant  secret  until  the  grant  shall 
have  passed  all  the  seals,  and  the  King  be  pleased  to  make  it  public. 

(1)  Robertson's  Parliamentary  Records,  p.  532. 

(2)  Acts  of  the  Parliaments  of  Scotland,  vol.  ii.,  p.  316. 

(3)  Douglas'  Peerage,  by  Wood,  vol.  ii.,  p.  427. 

(4)  Sibbald's  History  of  Fife,  p.  239.  edit.  1803. 


Ixxxii  THE    EDITORS    PREFACE. 

The  cause  of  this  urgent  haste  and  secrecy  may  be  woi'th  the 
enquiry  of  the  genealogist  or  the  local  antiquary.'" 

Numbers  XI.  and  XII.  are  letters  of  credence  from  King  James 
V.  to  his  cousin  John,  second  Duke  of  Albany,  in  favour  of  Sir 
Thomas  Erskine,  his  ambassador  to  the  French  court.  They  are 
without  date,  but  may  perhaps  be  safely  enough  referred  to  the 
month  of  April,  1530,  when  Erskine's  first  embassy  to  France 
was  projected.  The  King's  entreaty  of  his  cousin  to  "  be  sup- 
portit  of  part  of  smal  artailyerye  and  powdir,"  may  remind  the 
reader  of  the  anecdote  told  by  Pitscottie,  that,  when  James  was 
preparing  to  lay  siege  to  Tantallon,  in  1528,  he  "  gart  send  to  the 
castle  of  Dunbar  to  borrow  some  artillery,  and  laid  great  pledges 
for  the  same,  because  the  castle  was  then  in  the  Duke  of  Albany's 
hands,  and  the  artillery  thereof  his  own  ;  but  it  was  ever  at  the 
King's  pleasure,  when  he  had  ought  ado,  and  that  by  the  command 
of  the  said  Duke  of  Albany ;  but  yet,  for  restoring  and  delivering  of 
the  same,  caused  he  three  lords  pass  in  pledge  for  the  said  artillery, 
till  it  ivere  delivered  again.'" '^"-^ 

XIII.  In  this  letter,  which  is  autograph  of  the  King,  he 
informs  the  Secretary  of  certain  rumours  which  he  had  heard  to 
his  prejudice,  such  as  that,  when  in  England,  he  had  spoken  with 
the  forfeited  Sir  George  Douglas,  and  with  Sir  Archibald  Douglas 
of  Kilspindie  (the  King's  "  Gray  Steil"),  and  that  he  took  bribes  to 
neglect  the  King's  interest.  The  confiding,  kind,  and  truly  generous 
spirit  which  this  letter  breathes  throughout,  cannot  fail  to  leave  a 

(1)  In  the  following  year  there  was  a  charter  of  confirmation  of  the  ofEce  in  favour  of 
the  Earl  of  Rothes  :  "  Confirmation  of  the  office  of  Shirriifshipe  of  Fife  to  George  Leslie 
Earl  of  Rothes  in  liferent,  and  Norman  his  son  in  fie.  Edinburgh  7  December  1540." 
Scotstarvet's  Collection  of  Abreviats  of  Charters,  p.  215.   MS. 

(2)  Pitscottie's  Hist,  of  Scot.,  p.  261. 


THE  editor's  preface.  Ixxxiii 

highly  favourable  impression  of  the  character  of  a  Sovereign,  who, 
in  this  very  point  of  his  bearing  towards  his  servants,  has  been 
sometimes  judged  with  great  severity/')  The  monarch's  amiable 
disposition  will  rise  still  higher  in  estimation,  when  it  is  considered 
how  much  cause  he  had  to  complain  of  the  unfaithfulness,  or  of 
the  treachery  outright,  of  those  who  served  him. 

XIV.  This  writing  refers  to  the  disappearance  of  one  of  the 
Royal  signets,  of  which  Sir  Thomas  Erskine  was  the  keeper ;  and 
to  the  measures  of  precaution  taken  in  consequence  of  its  loss. 

Number  XV.  is  a  letter  written  by  the  King  from  Stirling  on 
the  thirteenth  of  April,  1542,  commanding  the  Secretary,  without 
waiting  for  the  subscription  of  the  Lord  Treasurer,  to  affix  the 
royal  signet  to  a  gift  (XVI.)  of  the  lordship  of  Menteith  and  castle 
of  Doune  to  the  Queen  (Mary  of  Guise),  "  to  the  supportatioun 
of  bying  of  certane  small  thingis  to  hir  proper  vse." 

By  number  XVII.,  the  King  bestows  on  Sir  Thomas  Erskine 
the  estate  of  Charles  Fullertoun  of  Cragy,  forfeited  for  quitting 
the  King's  host  at  the  memorable  desertion  of  the  nobles  on  Fala- 
Muir.  It  is  dated  on  the  twenty-ninth  of  November,  1542,  during 
the  eight  days  that  James  passed  at  Edinbugh,  (as  Pitscottie  tells 
us,  "  with  great  dolour  and  lamentation  for  the  tinsel  and  shame 
of  his  lieges  "  in  the  ignominious  route  of  The  Solway  Moss,)  be- 
fore he  retired  to  Falkland,  where  he  died  on  the  thirteenth  of 
December  following. 

(1)  Mr.  Riddell,  writing  of  the  restoration  of  the  Earldom  of  Marr  to  the  Lord 
Erskine,  in  1365,  remarks  that  "  this  whole  transaction  is  creditable  to  Queen  Mary, 
whose  liberality  and  hindness  to  her  servants,  notwithstanding  her  failings, — which,  after 
all,  find  their  best  excuse  in  the  ascribed  rights  of  Sovereignty,  and  depraved  manners 
of  the  age — must  ever,  independently  of  her  other  attractive  qualities,  throw  a  degree 
of  radiance  over  lier  character.  She  here  appears  in  striking  contrast  to  her  father, 
Jame^  V.,  who  tyrannized  over,"  etc.  Remarks  upon  Scotch  Peerage  Law,  p.  122, 
note.  1.     Edinb.   1833. 


Ixxxiv  THE    editor's    PREFACE. 

Sir  Thomas  Erskine's  tenure  of  office  seems  to  have  expired 
with  the  life  of  his  Royal  master.  On  that  event,  the  Regency  of 
the  kingdom  was  conferred  on  James,  second  Earl  of  Arran,  and 
the  counsels  of  the  friends  of  the  Reformation  for  a  time  prevailed. 
To  this  party,  as  we  gather  from  a  casual  remark  of  Buchanan,^') 
the  Secretary  was  opposed ;  and  to  this,  perhaps,  may  be  ascribed, 
in  part,  the  urgency  with  which  the  Regent  orders  him  (Numbers 
XVIII.,  XIX.,  XX.,  and  XXI.)  to  deliver  up  certain  deeds  com- 
mitted to  his  keeping  by  the  late  King.  One  of  these  refers  to  an 
incident  in  the  history  of  the  House  of  Crawford, — the  attempt 
of  David,  the  seventh  Earl,  to  disinherit  his  disobedient  sons,  who 
had  seized  on  the  possessions  of  the  Earldom,  and  put  the  Earl 
himself,  their  father,  in  fettei'S. 

The  Secretary  was  now  far  advanced  in  years,  and  of  infirm 
body  ;  and  on  that  score  his  absence  was  excused  (Number 
XXIV.)  from  the  array  of  Scotland  at  Fala  in  August,  1547. 
A  similar  remission  (Number  XXII.)  had  been  granted  to  him  in 
the  previous  year  for  his  absence  from  the  Raid  of  Glasgow. 

XXV.  This  is  a  letter  of  safe  conduct  to  Sir  Thomas  Erskine 
to  pass  from  Scotland  "  to  the  partis  of  France  Flanderis  and 
Italie  and  otheris  partis  beyond  se  quhar  he  lykis  best  for  recouer- 
ing  of  his  eldest  sone  and  ayr  out  of  captiuitie  and  bringing  him 
hame  furth  of  thai  partis."  It  is  dated  on  the  twenty-eighth  of 
March,  1547 ;  but  he  had  not  taken  his  departure  on  his  pur- 
posed voyage  when  August  came :  in  that  month  we  find  him 
rendering  an  account  to  the  Queen  (Number  XXIII.)  of  her 
feu-duties  of  the  lordship  of  Brechin  and  Navar. 

This  is  the  latest  notice  which  the  writs  at  Fittodrie  furnish  of 

(1)  "Thomas   Areskinus Pnpisticae  faclioni  deditissimus,  et   Regi  ab  epistolis." 

Buchanani  Rerum  Scotic.  Hist.,  lib.  xiv.,  cap.  Ivii. 


THE  editor's  preface.  Ixxxv 

the  Secretary.  Of  the  papers  which  follow,  two  (XXVI.  and 
XXVII.)  refer  to  his  successor,  in  the  reign  of  King  James  VI. : 
the  third  (XXVIII.)  belongs  to  the  reign  of  King  Charles  I. 


XM.  E\)(  lErroU  i^aprrs. 

The  Club  are  indebted  to  the  Right  Honourable  the  Earl  of 
Erroll,  one  of  their  Vice-Presidents,  for  the  ready  access  which  he 
has  permitted  to  the  archives  of  his  distinguished  House,  so  justly 
described  as  "abounding  with  many  interesting  relicks.  fully 
evincing  the  grandeur  and  antiquity  of  the  '  Constabular' 
Family."*') 

Of  the  papers  selected  for  publication  in  this  volume,  the  first 
place  has  been  given  to  those  which  refer  to  the  high  office  that 
for  more  than  five  centuries  has  been  hereditary  in  the  Lords  of 
Erroll.  A  collection  of  "  Bands  of  Manrent "  follows.  The  third 
place  is  assigned  to  a  selection  of  a  few  of  the  letters  which  are 
preserved  at  Slaines ;  and  the  last  is  occupied  with  the  more 
ancient  charters  of  the  House,  and  one  or  two  miscellaneous 
documents.  The  many  and  interesting  deeds  which  refer  to  the 
topographical  antiquities  of  Aberdeenshire,  where  The  Constable 
had  vast  possessions,  have  been  reserved  for  a  more  appropriate 
place  in  a  volume  devoted  to  that  subject. 

I.  THE  CONSTABULARY. 

Some  of  the  papers  regarding  the  Constabulary,  preserved  at 
Slaines,  have  been  printed  before,  although  uot  in  the  accurate  form 

(1)  Riddell's  Remarks  on  Scotch  Peerage  Law,  ]),  117.  note  -3. 


IxXXvi  THE    EDITOll'S    PREFACE. 

in  which  it  is  hoped  that  they  are  now  presented.  These  have 
been  permitted  a  place  here,  partly  on  that  score,  partly  also  on 
the  ground  that  it  appeared  desirable  to  bring  together,  for  the  first 
time,  all  the  documents  of  any  importance  that  remain  to  illustrate 
the  greatest  of  the  few  hereditary  offices  of  her  ancient  Crown, 
which  were  spared  to  Scotland  by  the  Treaty  of  Union. 

I.  At  the  commencement  of  the  revolution  which  placed  the 
Earl  of  Carrick  on  the  throne  of  the  Kingdom  of  the  Scots,  the 
office  of  The  Constable  was,  (by  inheritance,  through  the  illustrious 
line  of  De  Morvill,  and  the  ancient  Lords  of  Galloway,  and 
De  Quinci,  Earl  of  Winchester,)  vested  in  the  person  of  John 
Cumyn,  Earl  of  Buchan.^'^  On  his  forfeiture,  Bruce  conferred  it 
on  David  de  Strathbolgie,  Earl  of  Atholl,  the  most  powerful 
perhaps  of  the  lords  who  then  supported  his  pretensions  to  the 
crown.  But  this  fickle  Earl  soon  returned  to  his  allegiance  to  the 
King  of  England  ;  and  his  attainder  placed  the  dignity  a  second 
time  at  the  disposal  of  the  new  made  Sovereign.  King  Robert 
now  chose  for  the  honour,  one  of  the  most  faithful  of  all  his  fol- 
lowers. Sir  Gilbert  the  Hay,  of  whom  it  was  said  that  he  and  the 
Earl  of  Lennox  were  .always  with  the  King,  his  inseparable  com- 
panions everywhere  in  all  his  troubles  and  wanderings.'-^ 

(1)  Lord  Hailcs  has  traced  tlic  descent  of  the  Constabulary  in  the  Additional  Sutherland 
Case,  chap,  ii.,  pp.  27 — 30. 

(2)  "  Rcgem  vero  praedictuni  soli  Comes  de  Lcvenax,  et  Gilbertus  de  Haya  de  numero 
nobilium  secuti  sunt,  et  in  omni  tribulationo  sibi  comites  individui  facti  sunt.  Et  licet 
aliquando,  cogente  hostium  persecutione,  ab  ejus  praesentia  fuerunt  divisi,  ab  ejusdem 
tamen  tide  et  dilectione  nunquam  reccsserunt."  J.  Forduni  Scotichronicon,  lib.  xii.,  cap. 
xi.,  vol.  ii.,  p.  233,  edit.  1739.  So  also  Archdeacon  Barbour  (The  Bruce,  b.  vi., 
U.  411 — 414.     Dr.  Jamieson's  edit.) 

"  His  brodyr  gan  he  with  him  ta, 
And  Schyr  Gilbert  de  le  Hay  alsua. 
The  Erie  off  Lcuenax  als  wes  thar, 
That  with  the  King  was  our  all  quhar." 


THE  editor's  preface.  Ixxxvii 

The  charter  (Number  I.)  is  dated,  a  few  months  after  the  battle 
of  Baiinockburn,  on  the  twelfth  of  November,  1314.  The  clause 
"  cum  HosTiLAGiis  ad  dictum  officium  pertinentibus "  has  afforded 
scope  for  considerable  discussion.  So  early  as  the  reign  of 
King  Chai'les  I.,  the  commissioners  appointed  by  the  Sovei-eign  to 
enquire  into  the  privileges  of  the  ofBce,  reported  that  the  word  was 
"  absolete  and  out  of  vse,"  so  that  they  knew  not  "  perfytlie  the 
genuine  sense  and  meaning  thereof,  and  whither  the  same  doeth 
import  the  libertie  and  right  of  a  ludgeing  deulie  furnished  and 
appointed  within  the  Kings  house  (as  manye  doe  suppose),  or  of 
ane  house  in  euerye  toun  where  the  King  did  remayne,  or  if  there 
be  ony  vther  previledge  or  casualitye  thairby  implyed."  ('^  Yet 
Du  Cange,  in  the  succeeding  century,  ventured  on  a  definition  of 
the  term,  without  any  hesitation  :  "  Hostilagium,  pretium  seu  sa- 
lariimi,  quod  exsolvunt  mercatores  extranei  pro  locario  domorum, 
seu  apothecarum,  in  quibus  reponunt  merces  suas  vendendas  et 
distrahendas  in  nundinis  publicis.''^^^  A  living  antiquary,  professing 
to  adopt  this  interpretation,  says,  the  word  here  "  seems  to  imply 
the  right  of  levying  a  tax  upon  hostellaries,  or  houses  within 
burgh,  where  foreign  merchandise  was  exposed."  (') 

It  is  not  without  considerable  reluctance  that  the  Editor  ventures 
to  differ  from  an  authority  of  such  eminence ;  but,  with  all  sub- 
mission, he  would  suggest  that  the  term  must  have  had  a  wider 
meaning,  and  that,  while  it  may  have  comprehended  such  a  tax 
on  merchandise  as  that  spoken  of  by  Du  Cange,  it  extended  also 

(1)  See  below,  p.  227. 

(2)  Glossarium  ad  Scriptores  Mediae  et  Infiniac  Latinitatis,  torn.  iii„  p.  1 2 14.  Pa- 
risiis,  1733. 

(3)  Riddell's  Remarks  upon  Scotch  Peerage  Law,  p.  114. 

M 


Ixxxviii  THE  editor's  preface. 

to  some  such  privilege  as  that  of  "  ane  house  in  euerye  toun  where 
the  King  did  reniayne,"  as  hinted  by  the  commissioners  of  King 
Charles  I. 

The  interpretation  of  Du  Cange,  so  far  as  it  goes,  may,  perhaps, 
be  sufficiently  borne  out  by  the  Act  of  Parliament,  '  Of  Distressis 
for  Constabil  Feis,'  printed  in  the  text,  (Number  III.)  The  preser- 
vation of  the  peace  in  the  King's  fairs  was  more  peculiarly  the 
care  of  The  Constable ;  and  he  would,  therefore,  have  an  obvious 
right  to  a  tax  which  was  levied  on  those  who  enjoyed  the  chief  be- 
nefit of  the  order  and  security  which  it  was  his  duty  to  maintain.^') 

In  suppoi't  of  the  opinion  which  would  restrict  the  word  to  this 
single  use,  reference  has  been  made  to  a  passage  in  the  Chamber- 
lain Ayre.  That  ancient  law-book  enumerates  the  matters  into 
which  the  King's  Chamberlain,  at  his  visitation  of  the  King's 
burghs,  is  to  make  privy  inquiry, — "  Articrli  inqrirendi  in  privata 
et  secreta  inquisiiione" — and  of  these  one  is,  the  Hostilages  in 
the  burgh, — "  De  Hostihujiu  in  Bunjor  (^)  This  would  seem  to 
refer  to  something  more  permanent,  more  intimately  related  to  the 
territory  of  the  burgh,  and  more  nearly  touching  the  interest  of  the 
Crown,  than  the  precarious  fees  payable  by  strange  traders,  or 
even  a  tax  leviable  on  inns  and  booths.  From  the  interesting 
charter  of  King  Malcolm  IV.,  in  1157,'''  we  know  that  to  the 
office  of  The  Steward  there  was  attached  a  toft  or  piece  of  land, 
for  a  lodging  to  himself,  in  each  of  the  King's  Burghs, — "  in  uno- 
quoque  biirgo  meo  unum  plenarium  thoftum  ad  hospicia  sibi  in  eo 

(1)  Mr.  Riddell,  plausibly  enough,  suggests  that,  "  as  Comes  Stabuli,  a  tax  upon  inns  is 
evidently  compatible  with  the  nature  of  his  office." 

(2)  Iter    Camerarii,    cap.    xxxix.    ^   67.  ap.    Leges    Veteres   Scotiac,  p.    171.     Lond. 
1613. 

(3)  Printed  in  Andrew  Stuart's  Genealogical  History  ol'  the  Stewarts.     Lond.  1798. 


THE  editor's  preface.  Ixxxix 

facienda."  There  is  evidence  that,  in  one  at  least  of  the  King's 
towns,  a  similar  privilege  belonged  to  the  office  of  The  Constable ; 
and  that  the  term  Hostilagium  was  expressly  applied  to  denote  as 
well  the  "  toft"  pertaining  to  him,  as  that  pertaining  to  The  Stew- 
ard. In  the  following  charter,  (printed  from  the  archives  of  The 
Marischal  College,)  dated  at  Colly,  on  the  twentieth  of  October, 
1367,  Alice,  widow  of  John  Edeson  of  Colly,  conveys  to  her  kins- 
man, Alan  of  Gilnafoylt,  four  acres  of  lands  lying  on  the  north 
side  of  the  town  of  Colly,  "  between  the  hostilage  of  the  Lord 
Steward  of  Scotland  on  the  one  hand,  and  of  the  Lord  Constable 
of  Scotland  on  the  others 

"  Disposicio  •  iiijor  •  acraruni  terre  in  Colly  •   Alano  de  Gilnafoylt  • 

"  Omnibus  banc  cartam  visuris  vel  audituris  /  Alicia  relicta  quondam  Johannis 
filii  Ede  de  Colly  /  salutem  in  Domino  serapiternam  .  Noueritis  me  non  vi  aut 
metu  coactam  aut  dolo  seu  fraude  quaeunque  seductam  sed  in  mea  legittima 
viduitate  existentem  /  dedisse  concessisse  et  precise  vendidisse  necnon  et  omnino 
ac  imperpetuum  quiete  clamasse  et  hac  presenti  carta  mea  confirmasse  /  dilecto 
consanguineo  meo  /  Alano  de  Gilnafoylt  /  illas  quatuor  acras  terre  mee  cum 
'  edificiis  earundem  jacentes  in  boreali  parte  ville  de  Colly  simul  in  vno  fronte  / 
inter  hostallagium  Domini  Senescalli  Seocie  ex  parte  vna  Domini  Constahularii 
Scocie  ex  parte  altera  I  pro  quadam  summa  pecunie  michi  pro  vero  valore 
dictarum  quatuor  acrarum  terre  cum  edificiis  tarn  ad  mea  debita  acquietanda 
quam  ad  sustentacionem  vite  mee  per  ipsum  Alanum  simul  et  plenarie  perso- 
luta  •  De  qua  quidem  summa  pecunie  me  pro  me  et  heredibus  meis  et  meis 
assignatis  contentam  denuncio  et  pacatam  /  et  prefatum  Alanum  pro  se  et  here- 
dibus suis  et  suis  assignatis  quietum  clanio  et  penitus  absolutum  .  Tenendas  et 
habendas  predictas  quatuor  acras  terre  /  cum  edificiis  /  prefato  Alano  et  here- 
dibus suis  et  suis  assignatis  a  me  et  heredibus  meis  et  meis  assignatis  in  feodo 
et  hereditate  imperpetuum  /  cum  tota  debita  longitudine  et  latitudine  earundem  / 
sine  quaeunque  reclamacione  siue  clameo  per  me  vel  heredes  meos  aut  assignatos 
aliqualiter  inde  facienda  /  quocunque  tempore  presenti  seu  futuro  .  adeo  libere 
quiete  plenarie  et  honorifice  bene  et  in  pace  sicut  ego  predicta  Alicia  dictas 
quatuor  acras  terre  cum  edificiis  earundem  aliquo  vncquam  tempore  tenui  vel 


XC'  THE    EDITOR  S    PREFACE. 

possedi  •  Faciendo  inde  domino  superiori  /  qui  pro  tempore  fuerit  /  seruicium 
debitum  et  consuetum  pro  omni  alio  seruicio  seculari  exactione  seu  demanda  que 
per  me  et  heredes  meos  aut  assignatos  a  predicto  Alano  vel  heredibus  suis  aut 
suis  assignatis  aliqualiter  exigi  poterit  vel  requiri  •  Et  ego  predicta  Alicia  et 
heredes  mei  et  mei  assignati  predictas  quatuor  acras  terre  cum  edificiis  earundem 
prefato  Alano  et  heredibus  suis  et  suis  assignatis  /  tanquam  precise  venditas  / 
contra  omnes  mortales  warantizabimus  acquietabimus  et  imperpetuum  defende- 
mus  •  In  cuius  rei  testimonium  /  quia  sigillum  proprium  non  habui  /  sigilla 
discretorum  virorum  •  Alexandri  Fraser  •  Alexandri  Berklay  •  et  Symonis  Bur- 
nard  •  superioris  domini  dictarum  quatuor  acrarum  terre  •  present!  carte  mee 
cum  instancia  apponi  procuraui  •  Apud  Colly  vicesimo  die  mensis  Octobris  / 
anno  Domini  niillesimo  tricentesimo  sexagesimo  septimo  •  Hiis  testibus  / 
Johanne  de  Kirktoun  •  Duncano  filio  Thome  ■  Waltero  filio  Thome  /  et  multis 
aliis  •  " 

The  town  and  barony  of  Colly,  or  Cowie,  in  The  Mearns,  re- 
mained in  the  Crown,  under  tlie  administration  of  a  steward  or 
thane,  until  about  the  reign  of  King  Robert  II.  Of  the  ancient 
"  villa  de  Colly,"  the  ruins  of  a  small  chapel,  and  a  range  of  fisher- 
men's huts,  are  now  all  that  meet  the  eye  ;  but  vestiges  of  its 
ancient  state  survived  the  beginning  of  the  seventeenth  century, 
and  kept  alive  some  memory  of  the  tofts  or  hostilages  of  The 
Steward  and  The  Constable.^') 


(1)  "  At  the  nioutli  of  Cowy  water,  there  is  a  free  Burgh  called  Cowy,  vestusta  magis 
quam  opulenta,  by  reason  of  the  want  of  a  shore  or  sea-port  for  ships.  There  is  to  be 
seen  beneath  the  town  the  ruines  of  a  Castle  built,  as  is  supposed,  by  Malcolm  Canmore, 
the  Town  of  Cowy  [being]  made  a  free  Burgh  by  the  said  King.  Besides  these  ruines, 
there  is  an  old  chappell  called  the  Kirk  of  Cowy,  and  a  chaplainrie  belonging  thereto, 
given  out  by  the  King  of  old  ;  and  the  parson  of  Fetteresso  hath  a  portion  of  the  said 
chaplainry,  given  to  him  by  the  King's  donation,  to  this  day.  There  be  many  crofts  of 
land  yet  beside  this  ruinous  Castle  and  the  Town  of  Cowy,  that  have  their  several  deno- 
minations from  the  several  office  men  of  the  said  Palace,  as  Cook's  croft ;  Porter  croft ; 
' Stable  croft ;  Steward  croft ;  and  have  their  several  charters  to  this  effect."  A  Note 
of  Some  Remarkable  Things  within  the  Sheriffdom  of  the  Merns  by  Mr.  John  Keyth 
sometime  minister  at  Dunotir  and  late  minister  at  Garvock  ap.  Macfarlane's  Geographical 
Collections,  vol.  iii.     MS.   Advocates'  Library. 


THE    EDITORS    PREFACE.  XCl 

In  the  same  repository  from  which  the  preceding  charter  has 
been  derived,  is  preserved  another,  dated  at  Aberdeen,  on  the 
twentieth  of  January,  1482,  by' which  Alexander  Menzies,  burgess 
of  Aberdeen,  conveys  to  the  Prior  and  Convent  of  the  Friars 
Carmelites  there,  an  annuity  of  six  shillings  and  eight  pence, 
payable  "  from  his  lands  of  the  hostilage  of  Colle  lying  on  the 
west  side  of  the  town  of  Colle." 

"  Carta  Alexandri  Menzeis  annul  redditus  •  vj  s  •  viij  d  .  de  terris  de  Colly  • 

"  Omnibus  banc  cartam  visuris  vel  audituris  Alexander  Menzeis  burgensis 
burgi  de  Aberdene  eternam  in  Domino  salutem  •  Cum  omnes  in  die  judicii  sta- 
bimus  ante  tribunall  Domini  nostri  Jhesu  Cristi  siue  bonum  sine  malum  prout  in 
corpora  gessimus  recepturi  /  idcirco  expediens  et  necessarium  est  valde  extrenunu 
diem  iudicii  operibus  misericordie  preuenire  vt  seminata  in  terris  cum  multiplicato 
fructu  coUigere  valeamus  in  cells  •  Noueritis  me  propterea  pro  salute  anime 
mee  et  Elezabeth  Lesly  sponse  mee  /  aniraarum  patris  [mei]  Andree  Menzeis  et 
matris  mee  Mariote  Abirbuthnot  parentumque  nostrorum  amicorum  benefactorum 
nostrorum  et  omnium  fidelium  defunctorum  •  dedisse  /  concessisse  et  hac  pre- 
sent! carta  mea  confirmasse  /  Deo  Omnipotenti  ■  et  gloriose  Virgini  Marie  •  et 
beato  Victor!  Martir!  •  et  Omnibus  Sanctis  •  ac  priori  et  conuentul  Fratrum  Carme- 
litarum  burgi  predict!  •  et  suis  successoribus  •  vnum  annuum  redditum  .  sex  soli- 
dorum  et  •  viij'°-  denariorum  /  vsualis  monete  Scotle  /  exeuntem  annuatim  et 
leuandura  /  de  terris  meis  hostalagii  de  Colle  ■  jacentlbus  in  villa  eiusdem  ad 
occidentalem  partem  eiusdem  ville  de  Colle  •  in  qua  nunc  inhabitat  Johannes 
Samsoun  /  ex  australi  parte  vie  regie  qua  itur  ad  aquam  de  Colle  •  in  constabil- 
laria  eiusdem  infra  vicecomitatum  de  Kyncardin  •  Tenendum  et  habendum  [efc.'] 
■  Faclendo  inde  annuatim  dicti  prior  et  conuentus  et  sui  successores  •  seruiciuni 
vnius  anniuersarii  ad  altare  Beate  Mai'ie  principale  in  eorum  ecclesia  situatum  / 
cum  placebo  et  dirige  et  missa  solempni  de  requie  /  cum  candelis  et  luminaribus 
ardentibus  honestis  et  decentibus  /  pro  consimilibus  anniuersariis  vsitatis  /  in 
Sabbato  et  Dominica  immediate  post  Festum  Circumcisionis  Domini  •  cum  precone 
in  Sabbato  preeunte  ut  moris  est  /  cum  aliis  orationum  sufFragiis  [efc.]  I 
tantum  pro  omni  alio  seruicio  secular!  [ete.]  .  In  cuius  re!  testimonium  sigillum 
meum  est  appensum  /  apud  Abirdene  vicesimo  die  mensis  Januarii  •  anno  Domini 


xcii  THE  editor's  preface. 

millesimo  quadringentesimo  octuagesimo  primo  •  Testibus  prouidis  viris  Jacobo 
Lesle  preposito   /   et    Dauid    Menzes  •  Alexandre  Rede  •  Johanne    Menzeis  • 
Duncano  Smyth  burgensibus  /  et  domino  Roberto  Leis  notario  publico  cum  multis 
aliis  •  " 

It  will  probably  be  found  that  the  term  liostilmjium  was  of 
more  frequent  use  than  has  been  supposed.  The  unknown  author 
of  a  "  Memoriall  auent  the  Constabulary,"  written  about  1730, 
and  preserved  in  manuscript  at  Slaines,  says,  "  Yea,  I  hear  the 
same  word  Hostilagiis  is  to  be  found  in  other  mens  charters,  and 
has  been  understood  by  them,  with  respect  to  the  indwellers  within 
the  barony,  as  a  servitude  of  lodging  (such  as  was  the  practice 
amongst  the  Ireish  till  of  late,  and  amongst  ourselves  of  old) ;  and 
has  therefore  been  converted  by  them  into  an  yearly  rent." 

II.  In  this  paperC)  we  see  The  Constable  granting  a  lease  of  his 
hostilagium, — or,  as  it  is  here  called,  "  The  Constable  Land," — in 
the  burgh  of  Inverness,  taking  the  tenant  bound  "  to  find  yeirly  to 
the  said  Lord  [or]  his  airs  a  sufiicient  stable  upon  the  said  ground 
for  the  number  of  twelve  horses  for  all  the  tym  of  their  residence 
in  the  burgh  of  Inverness  /  togidder  with  sex  pennies  Scots  yearly." 

III.  The  Constable  as  "  proper  and  sole  iudge  in  all  militarye 
affaires  "^^^  presided  in  all  Tournaments  and  Passages  of  Arms.  In 
consideration  of  this  charge,  he  enjoyed  the  high  and  singular  privi- 
lege of  a  right,  on  these  occasions,  to  the  King's  Palace  or  residence. 
King  David  II.,  says  Mr.  Riddell,  "  declares  by  a  deed  on  the 
twenty-sixth  of  February,  in  the  third  year  of  his  reign  [1333]  that 
the  grant  which  he  had  made  to  Sir  John  Somerville  of  his  palatium 

(1)  Printed  from  an  old  copy  at  Slaines,  as  have  been  Numbers  III..  V.,  VII.,  XVII., 
and  XVIII.,  the  originals  of  which  were  not  found. 

(2)  See  below,  p.  225. 


THE    EDITORS   PREFACE.  xciii 

at  Aberdeen,  during  a  Tournament,  should  not  be  held  to  prejudice 
the  right  of  The  Constable  or  his  successors."('^  From  the  docu- 
ment. Number  III.,  it  appears  that  The  Constable  had  right  like- 
wise to  tlie  materials  of  which  the  Lists,  or  Barras,  were  framed, 
within  which  the  Tournay  was  fought.  This  is  an  instrument  by 
a  notary,  attesting,  that  on  the  thirtieth  of  July,  1501,  the  provost, 
baillies,  treasurer,  and  certain  of  the  burgesses  and  neighbours  of 
Edinburgh,  appearing  before  a  noble  and  mighty  Lord,  William 
Earl  of  Erroll  and  Constable  of  Scotland,  set  forth  and  showed 
how  they  had  been  summoned  at  his  instance  before  our  Lord  the 
King,  and  the  Lords  of  his  council,  for  their  unjust  intromission 
and  detention  from  him,  the  Earl,  of  certain  trees,  timber,  and 
other  materials  of  the  enclosure  or  ring  called  The  Barras,  in  which 
John  Coupante,  Frenchman,  and  Sir  Patrick  Hamilton,  Knight, 
fought  and  contended,  within  the  said  burgh  :  That  in  this  matter 
they  were  unwilling  to  stand  or  appear  in  plea  against  his  Lordship, 
but  had  paid  to  him  a  certain  sum  of  money,  with  which  the  said 
Lord  Earl  held  himself  contented,  for  the  said  Barras  :  And,  in 
consideration  of  the  favours  and  gratuities  to  be  done  and  rendered 
by  the  said  Lord  Earl  to  the  said  provost,  baillies,  and  burgesses,  in 
name  of  the  said  burgh,  they  promised  to  support  and  maintain  the 
said  Lord  in  his  full  right  of  his  office  of  Constabulary,  and  not  to 
molest  him  in  like  cases  when  they  should  happen,  nor,  in  others 
touching  his  office,  to  do  or  attempt  anything  against  him. 

The  occasion  on  which  these  Lists  were  erected  was  for  a  famous 
combat  under  the  walls  of  the  Castle  of  Edinburgh,  where  the  King 
presided  in  person,  and  which  has  been  graphically  described  by 

(1)  Riddell's  Remarks  upon  Scotch  Peerage  Law,  pp.  114,  115,  citing  a  copy  of  the  tieed 
in  the  British  Museum. 


XCIV  THE    EDITOR  S    PREFACE. 

Lindsay  of  Pitscottie.  The  name  of  the  foreign  Knight  has  proved 
a  stumbling-block  to  the  simple  chronicler,  or  to  his  transcriber :  in 
some  copies  of  the  work  he  is  called  Cockbenis,  in  others  Cock- 
bewis,  or  Clokehewis,  and  in  aU  he  is  styled  a  Dutchman : 

"Soon  after  this  there  came  a  Dutch  Knight  in  Scotland,  called  Sir  John  Cloke- 
hewis, and  desired  fighting  and  justing  in  Scotland,  with  the  Lords  and  barons. 
But  none  was  so  apt  and  ready  to  fight  with  him  as  Sir  Patrick  Hamilton,  brother 
to  the  Earl  of  Arran,  being  then  a  young  man,  strong  of  body,  and  able  of  all 
things  ;  but  yet,  for  lack  of  exercise,  he  was  not  so  well  practised  as  need  were; 
though  he  lacked  no  hardiment,  strength,  nor  courage  in  his  proceedings.  But, 
at  last,  when  the  Dutchman  and  he  were  assembled  together,  both  on  great  horse, 
within  the  Lists,  under  the  Castle-wall  of  Edinburgh  ;  so,  after  the  sound  of  the 
trumpet,  they  rushed  rudely  together,  and  brake  their  spears  on  ilk  side  on  other ; 
and  afterward  got  new  spears  and  rancountred  freshly  again  :  But  Sir  Patrick's 
horse  uttered  with  him,  and  would  nowise  encounter  his  marrow,  that  it  was 
force  to  the  said  Sir  Patrick  Hamilton  to  light  on  foot,  and  give  this  Dutchman 
battle ;  and  therefore,  when  he  was  lighted,  cried  for  a  two-handed  sword,  and 
bade  the  Dutchman  light  from  his  horse,  and  end  out  the  matter,  saying  to  him, 
"  A  horse  is  but  a  weak  weapon  when  men  have  most  ado  !"  Then,  when  both 
the  Knights  were  lighted  on  foot,  they  joined  pertly  together  with  awful  counte- 
nances, and  every  one  strake  maliciously  at  other,  and  fought  long  together  with 
uncertain  victory  ;  while,  at  the  last,  Sir  Patrick  Hamilton  rushed  manfullj'  upon 
the  Dutchman,  and  strake  him  upon  his  knees.  In  the  mean  time,  the  Dutchman 
being  at  the  earth,  the  King  cast  his  hat  out  over  the  Castle-wall,  and  caused  the 
judges,  and  men  of  arms,  redd  and  sunder  them  ;  and  the  heralds  and  trumpets 
blew,  and  cried  the  victory  was  Sir  Patrick  Hamilton's.  This  Sir  Patrick  Hamil- 
ton was  brother-german  to  the  Earl  of  Arran,  and  sister  and  brother-bairns  to  the 
King's  Majesty,  and  was  a  right  noble  and  valiant  man  all  his  days."(') 

Sir  Patrick,  one  of  the  best  Knights  of  the  age,  and  widely 
celebrated  for  his  courage  and  skill  in  arms,  fell,  in  1520,  in  the 
memorable   skirmish   on   the    High    Street   of  Edinburgh,    called 

(1)  Pitscottic's  History  of  Scotland,  pp.  188,  189. 


THE    EDITOR  S    PREFACE.  XCV 

"  Cleanse  the  Causeway,"  into  which  he  was  hurried  by  a  taunt 
from  the  natural  son  of  his  brother.  "  Thou  liest,  bastard 
smaik  !"  Sir  Patrick  replied,  "  I  dare  fight  where  thou  wilt 
not  be  seen  this  day !" :  and  with  this,  says  Pitscottie,  "  rushed 
rudely  out  of  their  lodging,  and  past  to  the  High-gate,  in  a 
furious  rage."  This  accomplished  Knight  was  the  father  of  the 
young  "  proto-martyr  of  the  Reformation  in  Scotland,"  Patrick 
Hamilton,  Abbot  of  Ferne.(') 

V.  The  criminal  jurisdiction  of  The  Constable  was  supreme,^^) 
in  all  matters  of  slaughter,  riot,  disorder,  or  bloodshed,  committed 
within  four  miles  of  the  King's  person,  or  (in  his  Majesty's 
absence)  of  the  Parliament  or  Council  representing  the  Royal 
authority.  To  The  Constable  and  his  Deputes  the  trial  and 
punishment  of  every  such  offence  exclusively  belonged ;  and  all 
other  judges  within  the  prescribed  circuit  were  bound  to  assist  him 
and  his  officers  in  taking  and  keeping  the  offenders.^'^  This  was  a 
restriction  of  the  jurisdiction  of  the  magistrates  of  burghs  which 
seems  to  have  been  most  impatiently  submitted  to,  especially  by 
the  magistrates  of  Edinburgh,  rising  rapidly  as  that  town  was  to 

(1)  Anderson's  Historical  and  Genealogical  Memoirs  of  the  House  of  Hamiltoun,  pp. 
316,  317.     Edinb.   1825. 

(2)  The  royal  commissioners  in  1631  reported  to  the  King,  by  whom  their  report  was 
sanctioned,  "  that  The  Constable  is  supreame  iudge  in  all  materis  of  ryot,"  etc.  (see  below, 
p.  226.)  But  Mr.  Riddell  has  shown  that  "  the  criminal  jurisdiction  of  Tlie  Constable,  at 
least  at  one  time,  was  subject  to  review  in  the  Court  of  Session.  On  tlie  18th  of  August, 
1365,  William  Henderson,  the  Constable-depute,  at  a  court  of  Constabulary,  held  in  the 
tolbooth  of  Edinburgh,  obtained  a  verdict  of  a  jury  against  Janet  Dick,  for  '  caussing  lett 
down  aine  daill  quharewith  Grissil  Henderson  was  hurt  to  the  effusion  of  her  blood ' ;  but 
on  the  case  being  brought  by  advocation  into  the  Court  of  Session,  the  judgment  was 
reversed.  Act.  Dom.  Con.  et  Sess.  v.  xxxv.  165  b.,  and  Privy  Council  Register."  Re- 
marks upon  Scotch  Peerage  Law,  p.  117. 

(3)  Page  226. 

N 


XCTl  THE    EDITOR  S    PREFACE. 

the  influence  and  dignity  of  a  Metropolitan  City.  A  numerous  class 
of  the  deeds  in  the  text  (Numbers  V.,  VIII.,  IX.,  X.,  XX., 
XXII.,  XXIII.,  XXIV.,  XXV.,  XXVI.,)  refers  to  the  attempts 
of  inferior  magistrates,  chiefly  those  of  the  Capital,  to  infringe  on 
the  exclusive  jurisdiction  of  The  Constable. 

By  Number  V.,(')  he  constitutes  the  provosts  and  baillies  of 
Edinburgh  his  Deputes  in  the  office  of  Constabulary  for  the  term  of 
three  years  ;  and  they,  on  the  other  part,  became  bound  not  to  de- 
rogate from  the  privilege  of  The  Constable's  courts  by  holding  any 
of  their  own  courts,  "  burrow  court  sherif  court  or  water  court "  ; 
nor  to  take  trial  of  any  action  of  "  blude  nor  strublance  committed 
be  ony  partie  or  ony  persons  the  Kings  Majestie  beand  in  the 
tov\Ti  of  Edinburgh  or  within  four  miles  about,"  except  by  the 
authority  of  their  deputation  from  The  Constable.  They  farther 
agree  that  although  The  Constable  has  given  them  "  the  unlawis 
and  escheits  of  courtis  and  barras  " — that  is,  the  fines  and  for- 
feitures of  persons  convicted  in  the  Constable  Courts,  and  the 
forfeiture  of  the  arms,  weapons,  and  jewels,  of  those  who  were 
vanquished  in  the  Lists, — yet,  when  his  Lordship  happens  to  be 
present  in  person,  he  shall  be  at  liberty  to  remit  and  forgive  the 
penalty  and  forfeiture  at  his  own  good  pleasure.  This  document 
is  dated  on  the  seventeenth  of  February,  1507. 

Towards  the  close  of  the  succeeding  century,  the  magistrates  of 
Edinburgh  seem  to  have  begun  openly  to  invade  the  privileges  of 
the  Constable  Courts ;  and  in  Number  IX.  they  are  charged  to 
desist  from  their  attempts,  by  Letters  from  the  King,  who  shai'ply 


(1)  This  deed,  it  appears,  was  recorded  at  length  in  the  records  of  the   Commissary 
Court  of  Edinburgh,  9th  July,  1582. 


THE  editor's  preface.  xcvii 

rebukes  them  for  their  presumption,  and  pertinently  reminds  them 
of  the  terms  of  their  deed  of  obligation  in  1507. 

In  Number  X.,  the  King,  with  equal  sharpness,  rebukes  the 
baillies  of  Leith  for  a  similar  encroachment  on  The  Constable's 
privileges,  the  observance  of  which  generally  he  had  previously 
enforced  in  a  circular  letter  (Number  VIII.)  to  the  magistrates  of 
all  burghs  "  within  our  realme  quhair  euer  our  presence  and  palice 
of  honour  salbe  for  the  tyme."  Numbers  XXII.,  XXIII.,  XXIV., 
and  XXV.,  refer  to  the  trial  of  a  minister  of  the  kirk,  who  com- 
mitted man-slaughter  on  Sunday  the  first  of  August,  1641,  during 
the  sitting  of  the  Parliament  and  the  General  Assembly.  It 
was  finally  adjudged  by  the  Parliament  that  the  cognizance  of  his 
crime  belonged  to  The  Constable.  In  Number  XXVI.,  the  Earl 
of  Crawfurd-Lindsay,  hereditary  bailie  of  the  Regality  of  Saint 
Andrews,  declares  that  the  execution  of  a  woman  for  the  murder 
of  her  child,  during  the  sitting  of  the  Parliament  at  Saint  An- 
drews in  1646,  shall  not  in  anywise  prejudice  the  rights  of  the 
High  Constable. 

It  would  appear  that  The  Constable,  although  he  oifered  no 
obstacle  to  the  trial  of  the  assassins  proceeding  in  another  court, 
did  not  forget  to  assert  his  high  privileges  on  the  memorable  occa- 
sion of  the  murder  of  Darnley  at  the  Kirk  of  Field,  in  1567.  The 
following  protest  is  preserved  at  Slaines,  but  in  a  copy  too  modern 
and  imperfect  to  warrant  its  introduction  into  the  text : 

"  The  quhilk  day  compearit  Mr.  Henry  Kinross,  procuratour  for  Andro  Master 
of  Erroll,  Constable  of  Scotland,  and  alleagit,  That  the  Constable  for  the  time 
of  this  realm  has  been,  at  all  times  bypast,  only  judge  competent  to  all  sik  per- 
sons as  has  been  accusit  criminally  for  committing  of  slaughter,  murder,  or  blood 
drawin  near  to  the   Presence  Chalmer,  and  within  four  miles   to  the  same :    And, 


XCVni  THE    EDITORS    PREFACE. 

therefore,  the  said  Master  now  beand  Constable  of  this  realme,(i)  ought  and  should 
be  judge  competent  to  James  Earl  Bothwell  and  others  his  alleagit  complices, 
callit  this  day,  and  to  be  aceusit  for  art  and  part  of  the  alleagit  cruell  treasonable 
slaughter  of  unquhill  Henry  King  of  Scots  :  And,  in  case  Archebald  Earl  of 
Argyle,  as  Justice  Generall  of  this  realm,  or  his  deputs,  proceed  and  cognosce  in 
the  said  cause,  The  said  Mr.  Henry,  procuratour  forsaid,  protests  solemnly  that  the 
samen  proceeding  therein,  on  no  ways  hurt  nor  prejuge  the  said  Constable  his 
office,  jurisdiction,  or  infeftment  thereof  in  ony  sort,  But  that  he  may  use  and 
exerce  his  said  jurisdiction  in  all  sick  cases  in  times  comeing,  conform  to  his  in- 
feftment of  the  said  office,  and  use  of  cognosceing  used  by  his  predicessors  and 
him  of  before  in  semblable  causes,  at  what  time  he  makes  it  to  be  known  either 
be  infeftment  or  otherways  sufficiently,  him  to  haf  jurisdiction  in  sick  causes  : 
And  desirit  the  samen  protestation  to  be  insert  in  the  Books  of  Adjurnall,  and 
admitted  under  protestation  that  he  affirme  not  my  Lord  Justices  jurisdiction  in 
ony  sort  in  proceeding  in  the  said  matter." 

Mr.  Riddell  has  remarked  that  The  Constable's  court,  "  to  its 
credit,  be  it  spoken,  did  not  too  pertinaciously  adhere  to  their  pri- 
vileges, on  remarkable  occasions,  when  the  good  of  the  country,  or 
the  interests  of  the  community  were  at  stake."  He  adds,  that 
"  the  High  Court  of  Constabulary  sat  till  the  period  of  the  Union, 
the  office  being,  usually,  as  before,  discharged  by  Deputies.  It 
had  its  Procurator  Fiscal,  and  exacted  fines  and  penalties.  In 
the  year  1699,  there  was  an  arrear  of  fifty  processes ;  in  fact, 
during  the  sitting  of  Parliament,  the  duty  could  have  been  no 
sinecure."(^)  One  of  the  last  occasions  on  which  The  Constable 
had  to  exercise  his  privilege  was  in  the  year  1703,  on  accoimt 
of  a  brawl  within  the  walls  of  the  Parliament  itself ;  "  the  Lord 
Belheaven  and  Sir  Alexander  Ogilvie  of  Forgeland,  tuo  members 

(1)  Probably  by  deputation  from  his  father  George  the  seventh  Earl.    Such  a  deputation, 
but  without  date,  is  mentioned  in  an  old  inventory  of  the  writs  at  Slaines. 

(2)  Remarks  upon  Scotch  Peerage  Law,  p.  U7. 


THE    EDITOUS    PREFACE.  XCIX 

of  Parliament,  having  upon  the  tnenty  sixt  of  June  instant  com- 
mitted a  disorder  and  ryott  by  using  opprobrious  language  and 
beating  one  another,  within  the  Parlament  hall,  betiiixt  the  amphi- 
theatre and  the  railes,  when  the  Parlament  was  sitting."^')  The 
oflfending  members  were  delivered  to  the  custody  of  The  Con- 
stable, who  offered  no  obstacle  to  the  Parliament  taking  trial  of 
their  crime,  it  being  understood  "  that  their  assuming  and  judgeing 
of  this  caice  shall  not  be  made  a  preparative  nor  derogat  from 
the  right  and  priviledges  of  the  High  Constable." 

VI.  This  is  a  dispensation  by  King  James  V.  for  serving 
William  (sixth)  Earl  of  Erroll  heir  to  his  father  in  the  office  of 
Constable,  in  the  Sherifl'ship  of  Aberdeen,  and  in  the  patronage  of 
the  Kirk  of  Turriff,  notwithstanding  that  he  was  still  a  minor. 
The  document,  which  is  dated  in  April,  1537,  enables  us  to  restore 
to  the  line  of  The  Constables  one,  of  whom  the  peerage  writers 
have  overlooked,  that  he  succeeded  to  the  office  and  Earldom.  He 
died  in  his  twentieth  year,  in  August,  1541. 

VII.  The  Constable's  jurisdiction  extended  to  the  punishment 
of  messengers  of  arms,  and  other  servants  of  the  military  court. 
In  this  deed,  dated  at  Edinburgh  on  the  sixteenth  of  January,  1565, 
The  Lyon  King  of  Arms, — the  famous  Sir  David  Lyndesay  of 
the  Mount, — having,  with  his  Heralds,  in  solemn  chapter  conveened, 
found  a  messenger  guilty  of  oppression  of  our  Sovereign  Lady's 
lieges,  order  her  Grace's  arms  to  be  torn  from  his  breast,  "  and  his 
person  to  be  delivered  to  my  Lord  Constable  to  be  punished  at  the 
Queens  Heynesses  pleasure."  Only  a  copy  of  this  document  exists 
at  Slaines,  in  the  handwriting  of  the  early  part  of  the  last  cen- 
to Informatione  for  the  Earle  of  Erroll.  1703.   MS.  at  Slaines. 


C  THE   EDITOR  S   PREFACE. 

tury.     A  more  copious  record  of  the  same  sentence,  also  preserved 
there,  but  in  a  still  more  recent  hand,  is  subjoined  in  a  note/') 

XI.  The  line  dividing  the  kindred  offices  of  The  Constable  and 
The  Marischal  was  not  sufficiently  well  defined  to  prevent  conflict 
between  them.  Their  claims  came  into  collision  chiefly  during  the 
sitting  of  the  Parliament.  As  a  general  principle,  it  was  laid  down 
that  to  The  Constable  belonged  the  custody  of  the  keys  of  the 
Parliament  House,  and  the  keeping  of  guard  without  its  gates ; 
while  the  maintaining  guard  within  the  walls  was  the  duty  of  The 
Marischal.  But  the  exceptions  from  this  rule  were  too  manifold 
not  to  give  rise  to  frequent  disputes ;  and  to  these  a  considerable 
number  of  the  documents  in  the  text  refer,  (Numbers  XI.,  XII., 
XV.,  XIX.,  and  XXI.)  This  last,  dated  in  1639,  is  a  statement  by 
William  Hay  of  Dronlaw,  who  had  served  as  the  deputy  of  The 
Constable,  of  the  form  and  order  observed  in  the  four  Parliaments 

(1)  At  the  Abbay  of  Halyrudehouse,  in  the  Chaptour  thereof,  the  16tli  clay  of 
January,  the  year  of  God  1354. 

The  whilk  day,  Sir  David  Lindsay  of  the  Mont,  Knight,  Lyon  King  of  Arms,  ac- 
companit  with  Archbald  Earl  of  Angus,  George  Earl  of  ErroU,  Constable,  and  his  bre- 
theren  Heraulds,  chaptourlie  conveenit  for  the  time  :  Havand  consideration  of  the  manifold 
oppressions,  extortions,  and  com])laints  committed  by  William  Crerar,  messenger ;  and,  in 
speciall,  upon  the  tennents  and  workmen  of  the  Abbay  of  Coupar  and  country  adjacent 
thereto,  as  was  nottourly  proven  before  the  said  King  of  Armes,  his  assessors  and  bretheren 
Heraulds ;  and  ane  part  of  the  said  extortions  and  oppressions  confessit  in  their  presence  be 
the  said  William :  Therefor,  the  said  King  of  Armes,  with  auise  of  the  saids  noble  and 
mighty  lords  his  assessors,  and  his  bretheren  Heraulds,  Decernes  and  ordaines  Our  Sovereign 
Ladys  arms  to  be  tane  off  the  said  Williams  breast  ;  And  hes  deprivit  and  deprives  him 
of  his  said  office  of  messengry  ;  and  his  person  to  be  delivered  in  my  Lord  Constables  hands 
to  be  punishit  at  the  Queen's  Highness  pleasure,  in  example  of  others.  Extracted  be  me, 
Adam  MackcuUoch,  Bute  Pursevant,  Clerk  of  the  Office  of  Arms,  under  my  signe  and 
subscription  manuale.  Sic  subscribitur,  Adam  MackcuUoch,  Bute  Pursevant,  Clerk  of  the 
Office  of  Armes,  with  my  hand. 

Another  copy  of  this  extract  is  preserved  in  MS.  in  the  Advocates'  Library,  from  which 
it  has  been  printed  by  Chalmers,  in  his  edition  of  the  Poetical  Works  of  Sir  David 
Lyndsay,   vol.  i.,  pp.  38,  39.     Lond.  1806. 


THE   EDITOR  S    PREFACE.  CI 

preceding  the  year  1633.  Nisbet  has  described,  with  sufficient 
accuracy,  The  Constable's  duties,  as  they  were  exercised  iu  our 
last  national  parliaments : 

"  I  find  in  the  orders  for  Riding  tlie  Parliaments  of  Scotland,  at  Edinburgh,  in 
the  years  1661,  1681,  and  1703,  the  Lord  High  Constable  and  Marischal  are 
(in  the  morning  of  that  day  the  Parliament  is  to  be  ridden)  to  wait  on  his 
Majesty's  High  Commissioner  at  the  palace  of  Holyroodhouse,  and  to  receive 
his  orders,  and  from  thence,  returning  privately,  the  Constable  is  to  come  out 
of  his  lodging  on  foot,  and  having  viewed  the  rooms  under  and  above  the  Par- 
liament House,  put  on  his  robes,  and,  having  his  batton  in  his  hand,  set  himself 
in  a  chair  at  the  entry  of  the  Parliament  Close,  at  the  Lady's  Steps,  by  the 
outmost  of  his  guards,  from  which  he  is  to  rise  and  salute  the  members,  as  they 
alight  from  their  horses,  and  to  recommend  them  to  the  gentlemen  of  his  guards 
to  be  conducted  to  the  Marischal's  guards.  And  at  the  Riding  of  the  Parliament, 
amio  1661,  Gilbert  Earl  of  Erroll,  Lord  High  Constable  of  Scotland,  received 
the  members  of  that  Parliament  (says  the  author  of  Mercurius  Caledonius,  page 
3.)  at  their  arrival  at  the  Parliament  Yard,  attended  with  his  guard  of  one  hun- 
dred gentlemen  of  his  name,  armed  with  swords,  pistols,  and  gilded  pole-axes. 
And,  at  the  return  of  the  members  of  Parliament  back  to  the  palace,  the  Con- 
stable rides  on  the  High  Commissioner's  riglit  hand,  with  a  cap  of  permission  on 
his  head.  How  soon  his  Majesty's  High  Commissioner  alights  from  his  horse,  in 
his  coming  to  the  Parliament,  the  Lord  Constable  receives  him,  and  attends  him 
to  the  Marischal  guards,  and  then  both  Constable  and  Marischal  convey  him 
bare-headed  to  the  throne,  and  are  in  the  same  manner  to  attend  him  in  his 
returning  to  horse.  And  always,  during  the  sitting  of  our  Parliaments,  the  High 
Constable  kept  his  guards  without  the  Parliament  House,  and  the  Marischal  his 
guards  within  the  same;  the  one  to  keep  the  peace  within,  and  the  other 
without  doors."(i) 

XIII.  King  Charles  I.  seems,  early  in  his  reign,  to  have  set 
himself  to  the  task  of  building  up  the  many  breaches  which  the 
misrule  of  nearly  a  century  had  made  in  the  ancient  offices  and 

(1)  Nisbet's  Heraldry,  vol.  ii.,  part  iv.,  pp.  68,  69. 


en  THE    EDITOR  S    PREFACE. 

dignity  of  bis  Crown.  Among  other  objects  of  bis  restoring  care, 
tbe  great  hereditary  honour  of  The  Constable  was  not  neglected. 
Within  two  years  after  be  succeeded  to  tbe  throne,  he  granted  a 
commission  (XIII.)  to  inquire  into  its  old  and  accustomed  rights, 
privileges,  and  prerogatives.  Tbe  commissioners  seem  not  to  have 
made  any  report;  and,  in  1630,  a  second  commission  was  issued. 
In  obedience  to  this,  the  chancellor,  and  other  officers  of  tbe  council, 
prepared  a  report  (XIV.),  which  has  ever  since  been  regarded  as 
that  by  which  the  exercise  of  The  Constable's  office  is  to  be 
regulated.  It  is  unnecessary  to  dwell  on  this  document.  How- 
ever far  the  rights  which  it  concedes  may  fall  short  of  those  which 
belonged  to  tbe  dignity  in  former  ages,  there  is  no  reason  to 
doubt  that  it  describes,  with  all  fairness,  every  privilege  which, 
in  the  beginning  of  the  seventeenth  century,  had  been  spared 
from  tbe  great  encroachments  made  on  every  branch  of  the  Royal 
state,  or  which  had  survived  "  tbe  manye  ecclypses  wbiche  that 
noble  House  fra  tyme  to  tyme  bes  suffered  vpoun  occasioun  of  the 
vntymous  death  of  the  most  pairt  of  his  predicessouris,  who,  oute 
of  thair  zeale  to  the  Kings  seruice  and  honnour  of  thair  countrey, 
did  worthielie  end  thair  dales  in  battell,  before  they  could  gayne 
the  oppertunitie  of  tyme,  or  rypnes  of  yeiris,  to  satle  thair  estaites 
and  to  vindicat  the  liberties  due  to  thair  place  and  office."^') 

XVI.  In  this  letter  to  tbe  Lords  of  his  Privy  Council,  the  So- 
vereign conveys  bis  approbation  of  tbe  report  which  had  been  made 
to  him  on  the  privileges  of  The  Constable ;  but  recommends  the 
farther  consideration  of  the  dignity  and  charge  belonging  to  tbe  office, 
on  the  approaching  occasion  of  the  King's  coronation  at  Holyrood. 

(1)  Page  227. 


THE    EDITOR  S   PREFACE.  ClU 

XVII.  This  is  the  farther  report  made  by  the  Lords  of  the 
Privy  Council,  in  obedience  to  the  commands  of  the  Sovereign. 
The  account  of  the  coronation  of  King  Charles  I.,  which  Sir 
James  Balfour,  the  Lyon  King  of  Arms,  has  left  to  us,  shows  the 
duties  which  it  eventually  fell  to  the  Constable  to  discharge.  In  the 
morning,  "  the  King,  from  his  chalmber  of  presence  to  the  grate  hall 
of  the  Castle  of  Edinbrugbe,  wes  conducted  by  the  Lord  Grate  Con- 
stable, one  the  right  hand,  and  the  Earle  Marishall  one  the  lefte, 
quho  all  this  day  did  carey  ther  battons  of  office  in  ther  handes." 
In  the  procession  from  the  Castle  to  Holyrood,  The  Constable  rode 
immediately  before  the  King,  on  the  right  hand  of  the  Earl  of 
Angus,  who  bore  the  Crown,  in  virtue  of  his  high  hereditary  privi- 
leges of  giving  the  first  vote  and  taking  the  first  seat  in  Par- 
liament, of  leading  the  vanguard  of  the  King's  army  on  the  day 
of  battle,  and  of  bearing  the  King's  Crown  in  the  Riding  of  the 
Parliament.  After  service  in  the  chapel  of  Holyrood,  the  Arch- 
bishop of  Saint  Andrews,  The  Constable,  The  Marischal,  and  the 
Lyon  King,  presented  the  Sovereign  to  his  people.  When  the 
King  had  been  crowned  and  anointed.  The  Constable  girt  the 
Sword  of  State  upon  his  Majesty's  side.  "  After  this  did  the  Lord 
Chamberlaine  lousse  the  Kinges  suord  quhei-with  by  The  Consta- 
ble he  was  girt ;  the  Kinge  taking  it  in  his  hand,  ofiers  it,  the 
Archbischope  layed  it  one  the  communion  table  ;  then  did  the 
Lord  Constable  redeeme  it  vith  ane  ofiring,  and  drauing  it  fourth, 
did  carey  the  same  naked  befor  the  King.''^'-* 


(1)  Sir  James  Balfour's  Works,  vol.  iv.,  pp.  383—400.  Edinb.  1823.  Mr.  Riddell  has 
stated,  that  "  as  in  France,  the  Constable  of  Scotland  bore  a  sword,  as  the  emblem  of  his  office, 
with  which  sheathed,  he  walked  at  coronations."  But  the  very  reference  which  he  makes 
to  Balfour  shows  that  it  was  not  on  the  occasion  of  the  King's  coronation,  but  on  that  of 

o 


CIV  THE    EDITOR  S    PREFACE. 

At  the  coronation  of  King  Charles  II.,  at  Scone,  in  1651,  The 
Constable,  although  a  minor,  was  "  brought  by  his  tutouris  and 
curatouris  from  the  schooles  to  be  present."  (Numbers  XXVII. 
and  XXVIII.)  The  part  which  he  bore  on  that  occasion  is 
minutely  described  in  the  text. 

XXIX.  This  is  a  report  by  the  Lords  of  the  Committee  for 
the  coronation  of  King  George  I.,  in  1714,  on  the  precedency  due 
to  the  Lord  High  Constable  of  Scotland.  It  does  not  appear,  how- 
ever, that  his  lordship  took  his  place  in  person  in  that  ceremony. 
On  the  occasion  of  the  coronation  of  King  George  II.,  in  1727, 
Mary  Countess  of  Erroll  claimed  to  act  by  Deputy  ;  and  her  claim 
being  allowed,  the  Duke  of  Roxburgh  officiated  as  Deputy  Con- 
stable. (Numbers  XXX.,  XXXI.,  and  XXXII.)  The  reader 
will  scarcely  need  to  be  reminded  of  the  marked  appearance  of 
The  Constable,  at  the  coronation  of  King  George  III.,  in  the 
person  of  James  the  fifteenth  Earl,  not  less  distinguished  for  his 
high  and  generous  spirit  and  amiable  mind,  than  for  his  noble 
bearing  and  heroic  form  and  stature. 

Since  the  Union  with  England,  The  Constable  has  only  once 
had  to  discharge  his  functions  on  Scotish  ground, — on  the  visit 
of  his  late  Majesty  King  George  IV.  to  the  capital  of  his  ancient 
kingdom,  in  1822.  On  this  occasion  his  lordship  was  attended  by 
eight  esquires,  on  horseback ;  and  by  four  pages,  ten  grooms,  and 
twenty-five  yeomen,  or  marshall-men,  on  foot ;  besides  some  scores 
of  their  Highland  followers,  placed  at  his  disposal  by  the  Duke  of 


his  entry  into  Edinburgh,  that  it  was  appointed  that  the  "  Earle  of  Erole,  Grate  Constable 
of  Scotland,  by  his  Maiesties  appoyntment,  sail  receaue  from  the  Ducke  of  Lennox,  Lord 
Chamberlane,  ane  shethcd  suord,  wich  the  said  Earle  sail  carrey  immediatlie  befor  his 
Maiestie,  and  sail  ryde  vpone  the  Lord  Chamberlaine  his  right  hand."     Id.,  pp.  355,  .359. 


THE    EDITOR  S    PREFACE.  CV 

Argyll,  the  Countess  of  Sutherland,  the  Earl  of  Breadalbane, 
Lord  G\\^d}r,  Sir  Evan  Macgregor,  and  Glengarry.  As  part  of 
the  Hostilagia  conveyed  by  the  charter  of  King  Robert  I.,  The 
Constable  claimed  apartments  in  Holyrood  ;  and  rooms  wevQ  ac- 
cordingly set  apart  for  his  use,  in  the  immediate  vicinity  of  the 
private  chambers  occupied  by  the  King.  Immediately  on  his 
Majesty's  landing,  all  criminal  jurisdiction,  within  four  miles  of  the 
presence,  became  vested  in  The  Constable ;  and,  in  order  that 
justice  might  flow  in  its  accustomed  channel,  the  sheriff  of  Mid- 
Lothian,  the  magistrates  of  Edinburgh  and  Leith,  the  bailie  of 
Holyrood,  and  the  judges  of  police,  were  constituted  his  Lord- 
ship's Deputes  in  the  office  of  Constabulary.  In  the  procession 
from  Leith  to  Holyrood,  The  Constable,  carrying  the  baton  of  his 
office,  took  precedence  immediately  before  the  King ;  and  in  that 
from  Holyrood  to  the  Castle  of  Edinburgh,  he  rode  on  the  right  hand 
of  his  Majesty's  carriage,  still  bearing  his  baton.^'^  At  the  civic 
banquet  in  the  Parliament  House,  The  Constable  took  his  place 
immediately  on  the  left  hand  of  the  King,  the  provost  of  Edinburgh 
sitting  on  his  Majesty's  right  hand. 

XXXIII.  and  XXXIV.  These  lists  of  the  early  Constables 
and  Marischals  of  Scotland  are  printed  from  copies  found  at 
Slaines,  which  cannot  be  assigned  to  a  more  remote  date  than  the 
beginning  of  the  last  century.     It  does  not  appear  by  whom  they 


(1)  This  was  a  departure,  perhaps  an  unconscious  one,  from  the  order  observed  in  the 
last  preceding  B.oy3\  procession,  that  of  1633,  when  The  Constable  bore  a  sheathed  sword. 
It  was  only  on  the  occasion  of  the  Riding  of  the  Parliament  that  he  "  caryed  a  whyte 
batton  in  token  of  command."     See  below,  p.  226. 

On  two  occasions  during  the  visit  of  his  Majesty  King  George  IV.,  the  Earl  of  Erroll 
bore  the  Sword  of  State  before  the  King,  not  however,  it  was  understood,  in  virtue  of 
his  hereditary  office  of  Grand  Constable. 


Cvi  THE    editor's    PREFACE. 

were  compiled,  but  their  accuracy  is  greater,  on  the  whole,  than 
could  have  been  anticipated  from  the  knowledge  of  that  period. 
It  Avill  be  remembered  that  for  half  a  century  after  their  apparent 
date,  a  Constable  of  Inverury^^^  continued  to  take  place,  as  the 
sixth  in  the  list  of  the  Grand  Constables  of  Scotland.(^> 

It  may  perhaps,  in  conclusion,  be  permitted  to  our  local  pride 
to  remark,  that  the  great  dignity  of  The  Constable  has  been  pecu- 
liarly linked  with  our  parent  county.  For  moi-e  than  five  hundred 
years  it  has  been  vested  in  the  Lords  of  Slaines  ;  and  a  century 
before  they  left  their  old  inheritance  of  Erroll,  to  make  their 
chief  abode  on  our  northern  shores,  the  oiRce  had  been  borne  in 
succession  by  two  of  our  noblest  and  greatest  houses,  the  Earls  of 
Buchan,  and  the  ancient  Lords  of  Strathbogie. 

II.    BANDS  OF  MANRENT,  FRIENDSHIP,   AND 
ALLIANCE. 

The  bond  of  Manrent  and  Maintenance, — long  so  prominent  a 
feature    in    the    social  state   of    Scotland, — would    seem  to  have 

(1)  This  office  was  hereditary  in  the  parent  stock  of  the  Leslies  at  the  close  of  the 
twelfth  and  the  beginning  of  the  thirteenth  centuries  :  "  For  three  generations  the  Con- 
stable of  Inverury  was  the  highest  or  only  style  of  the  many  noble,  knightly,  and  gentle 
houses  which  bear  the  name  of  Leslie."  The  Book  of  Bon- Accord,  p.  375,  note.  Aber- 
deen, 1839. 

It  has  been  said  that  "  inferior  Constables,  who  all  depended  on  the  High  Constable, 
were  keepers  of  the  King's  castles,  and  sometimes  had  not  only  forts,  but  boroughs,  subject 
to  their  jurisdiction,  as  Dundee,  Montrose,  Forfar."  Erskine's  Instit.,  b.  i.,  lib.  iii.,  §  37. 
It  may  be  safely  questioned  whether,  in  the  cases  mentioned,  or  in  the  many  others  which 
could  be  adduced,  the  Constable  of  the  King's  Castle  in  the  burgh,  from  which  he  was 
styled  Constable,  had  any  jurisdiction  over  the  burgh  itself.  But  there  cannot  be  any 
doubt  that  these  inferior  Constables  had  no  dependence  whatever  on  the  Great  Con- 
stable of  Scotland. 

(2)  See  a  list  of  The  Constables  of  Scotland,  appended  to  Scot  of  Scotstarvet's  Stagger. 
ing  State  of  Scots  Statesmen,  pp.  189,  190.     Edinb.  1754. 


THE    EDITOR  S    PREFACE.  CVll 

taken  its  origin  in  a  desire  to  create  a  kind  of  feudal  relation,  like 
that  of  Lord  and  Vassal,  between  parties,  who  were  not  linked  to- 
gether like  them  by  the  tenure  of  land.  The  stronger  party  bound 
himself  to  defend  the  weaker,  who  in  turn  promised  the  benefit  of 
his  personal  service.  But,  although  this,  perhaps,  may  be  stated  as 
the  principle  generally  of  such  covenants,  the  different  modifica- 
tions of  which  it,  like  the  feudal  principle  itself,  was  susceptible, 
and  the  various  forms  which  it  assumed,  were  almost  without  end. 
It  is  a  sad  proof  of  the  wretched  government  which  prevailed  in 
Scotland,  that,  for  a  long  period,  the  law  not  only  did  not  prohibit 
such  contracts,  but  even  enforced  their  provisions.  It  is  true  that 
one  class  of  them,  by  which  the  fealty  of  the  King's  tenants  within 
burgh  was  transferred  from  the  Crown  to  some  neighbouring  lord, 
was  early  struck  at.  In  1457,  a  statute  forbade,  under  highest 
penalties,  the  making  of  such  "  bandis  or  ligis ;"  and  enacted  that 
"  na  man  duellande  within  burghe  be  fundyn  in  manrent  nor  ride 
nor  rowt  in  feir  of  weir  with  na  man  bot  with  the  King  or  his 
otBciaris  of  the  burghe  that  thai  duell  in."  ^'^  This,  however,  aff'ected 
only  the  inhabitants  of  burghs ;  and,  in  the  same  century,  the  Lords 
Auditors  of  causes  in  Parliament  are  found  habitually  interposing 
their  authority  to  compel  the  fulfilment  of  the  obligations  in  letters 
of  manrent  between  subjects,  dwelling  "  to  landward,"  or  in  the 
country  parts.  In  one  case,  in  1476,  they  decree  payment  of  the 
fee  stipulated.(^)  In  another  (in  the  same  year),  where  a  party 
brings  an  action  for  "  manrent  and  seruice,"  they  allow  proof  on 
the  other  side,  that  he  himself  has  broken  the  bond   on  his  own 

(1)  Robertson's  Parliamentary  Records,  p.  43. 

(2)  Acta  Dominorum  ad  causas  et  querelas  audiendas  electorum  in  Parlianientis,  p.  42. 
(  Unpublished). 


cviii  THE  editor's  preface. 

part,  and  is  therefore  in  default. (')  In  the  following  instance, 
in  December,  1482,  they  gave  decree  for  possession  of  lands 
provided  by  a  bond  of  manrent : 

"  In  the  actioun  and  causs  persewit  be  Johne  the  Bruse  of  the  Stanehouss 
aganis  Robert  Lord  Flemmyng  and  Andro  Oliphant  his  bailyie  for  the  vexatioun 
and  inquietatioun  of  the  saide  Johne  in  the  peaceable  broiking  of  xij  ineriiis  worth 
of  land  of  DunbiiU  gevin  to  the  sade  Johne  be  the  saide  Lord  in  liferent  as  was 
allegit  be  the  sade  Johne  /  and  be  the  sade  Lord  for  his  seruice  done  and  to  be 
done  /  Baith  the  sadis  partijs  beand  personaly  present  Becaus  it  was  grantit  be 
the  saide  Robert  Lord  Flemyng  that  he  had  gevin  the  sade  landis  in  lifrent  to  the 
sade  Johne  for  his  seruice  done  and  to  be  done  /  and  grantit  be  the  sade  Johne 
that  he  aucht  him  seruice  therfore  The  Lordis  Auditoris  decretis  and  deliueris  that 
the  sade  Johne  sal  broik  and  joiss  the  sade  landis  efter  the  forme  of  the  writtis 
and  confessioun  be  the  saide  Lord  made  tharapon  And  als  that  the  sade  Johne 
sal  mak  the  sade  Lord  seruice  tharfore  efter  the  forme  of  his  band  of  manrent 
and  seruice  /  And  ordanis  lettres  to  be  gevin  herapon  in  dew  forme  as  efferis"(2) 

Although  they  were  at  length  proscribed,  in  1556,  (by  a  statute, 
which  seems  to  have  disquieted  our  great  feudalist  Craig,  lest  it 
should  be  thought  to  strike  at  the  obligations  of  manrent  and 
maintenance  inherent  in  every  proper  feudal  holding,)^'^  more  than 
a  century  passed  before  an  end  was  altogether  put  to  these  perni- 
cious contracts,  some  of  which  are  preserved  of  a  date  subsequent 
to  the  Restoration.  At  one  time  so  universal  was  their  preva- 
lence, that  there  can  scarcely  have  been  a  man  in  Scotland,  above 
the  rank  of  the  smallest  landholder,  who  was  not  bound  in  one  or 

(1)  Acta  Dominorum  ad  causas  et  querelas  audiendas  electorum  in  Parliamentis,  p.  56. 

(2)  Id.,  p.  103. 

(3)  Jus  Feudale,  lib.  ii.,  dieg.  v.,  §  8.  He  could  only  conjecture  that  bonds  of  manrent 
might  have  been  put  down,  "  quod  hae  obligationcs  subditos  a  Principis  obsequio  divertant, 
aliorumque  servitiis  obnoxios  faciant,  materiamque  et  facies  etiam  seditionibus  et  tumul- 
tibus  praebant.  Certum,  de  separatis  obligationibus,  et  non  de  iis  Ordines  sensisse,  quae 
naturaliter  omni  feudo  in  sunt,"  etc. 


THE    EDITORS    PREFACE.  CIX 

more  of  these  covenants.  Even  a  Queen-Dowager  found  it  neces- 
sary to  stoop  to  such  an  alliance/')  At  the  era  of  the  Reforma- 
tion, almost  every  great  ecclesiastical  dignitary  had  sought  protec- 
tion and  support  for  himself  and  his  church  in  some  league  of  this 
sort.  The  see  of  Glasgow  had  secured  the  service  of  the  Duke  of 
Chatelherault,  the  second  person  in  the  kingdom.  The  Earl  of 
Huntly  and  his  kinsmen  were  under  bonds  of  manrent  to  the 
Bishop  of  Aberdeen.  And  the  ruffian  who  headed  the  murderers 
of  the  Primate  had,  but  a  year  before,  sworn  to  be  his  "  trew 
man  and  seruand,  bo  the  fayth  in  his  bodie." 

The  bonds  of  manrent  printed  in  the  text,  forty-one  in  number, 
extend  over  a  period  of  about  a  century  and  a  half,  from  the  year 
1466  to  the  year  1612.  By  far  the  greater  portion  are  covenants 
between  the  Earl  of  Erroll  and  his  kinsmen  and  neighbours  in 
Aberdeenshire.  There  are  few  of  our  old  families  but  will  fiml 
some  of  their  ancestors,  on  one  side  or  other,  in  a  list  which 
includes  the  noble  Houses  of  Huntly  and  Rothes, — the  families 
of  Macintosh  of  Rothiemurcus, — Irvine  of  Drum, — Keith  of  Lud- 
quharn, — The  Constable  of  Aberdeen, — CraiA'furd  of  Fedderat, — 
Eraser  of  Philorth, — Forbes  of  Tolquhon, — Cheyne  of  Essilmont, — 
Bannerman  of  Waterton, — Vaus  of  Menie, — Udny  of  That  Ilk, — 
Leask  of  That  Ilk, — Chalmers  of  Balnacraig, — Meldrum  of  Fyvie, 
— Mowat  of  Buquholly, — Buchan  of  Auchmacoy, — TuUidafi'  of 
Rannieston, — and  the  Hays  of  Ardendraucht  and  Delgaty.  Nor 
were  the  alliances  of  The  Constable  confined  to  the  north  ;  among 
them  will  be  found  several  bonds  from  the  barons  whose  lands 
bordered  with   the  original   domains  of  his  family,  in  the  Carse  of 

(1)  Chalmers'  Caledonia,  vol.  iii.,  p.  33. 


ex  THE    EDITOR  S    PREFACE. 

Gowrie, — such  as  Hering  of  Glasclune, — Moncur  of  That  Ilk, — 
Cochrane  of  Pitfour, — Rattray  of  Craighall, — and  Campbell  of 
Keithick.  Of  the  bonds  which  fall  under  neither  of  these  classes, 
it  seems  necessary  to  allude  only  to  that  of  the  Coadjutor  of  Saint 
Andrews  (Number  III.),  and  to  that  (Number  XLI.)  by  which  the 
Clan  Donachie  come  under  bond  to  Lord  Erroll  that  they  will  be 
faithful  to  their  Chief,  the  Laird  of  Strowan,  "  and  mantein  and 
help  his  houss  and  estait."  Through  an  oversight,  the  bond.  Num- 
ber XXXVL,  has  been  assigned  to  the  year  1580,  instead  of  the 
year  1508. 

A  few  of  the  deeds  have  been  printed  at  length,  but  it  will 
be  perceived  that,  in  the  greater  portion,  the  clauses  of  obligation, 
except  where  they  in  anywise  departed  from  the  common  form, 
have  been  omitted.^ 

IIL    LETTERS. 

The  first  six  of  the  few  letters  here  printed  have  been  chosen 
less  for  the  intrinsic  interest  of  their  contents,  than  as  affording 
favourable  examples  of  the  style  of  epistolary  communications 
among  our  country  gentlemen,  in  the  beginning  of  the  seven- 
teenth century,  a  period  of  which  not  many  compositions  of  that 
sort  have  been  preserved  to  our  time. 

Numbers  VII.,  VIII.,  IX.,  X.,  XI.,  and  XIII.,  are  such 
letters  of  news  as,  before  the  general  use  of  printed  newspapers, 
almost  every  family  of  consequence,  living  in  the  country,  re- 
ceived from  their  agent,  or  other  correspondent,  in  the  capital,  or 

(1)  One  of  the  bonds  (No.  11.)  has  been  printed  from  an  old  copy,  the  original  not 
having  been  met  with  at  Slaines.  The  copy  has  been  adhered  to  in  the  reading  in  the 
second  line  of  "  be  ridin  man ",  though  there  can  be  little  doubt  that  the  expression  in 
the  original  will  be  found  to  be  "  becummin  man." 


THE    EDITOR  S    PREFACE.  CXI 

nearest  considerable  town.  One  of  them  (Number  XI.)  possesses 
more  interest.  It  describes  the  memorable  assassination  of  the 
Lord  President  of  the  Court  of  Session  by  Chiesly  of  Dairy  ;  and 
is  addressed  to  The  Constable  (whose  privileges  were  affected  by 
the  trial  of  the  murderer)  by  one  of  his  deputes. 

Number  XII.  is  from  one  of  the  expatriated  descendants  of  the 
family  of  Con  of  Auchry,  a  house  distinguished  for  its  adherence 
to  the  communion  of  the  church  of  Rome,  and  for  giving  birth  to 
the  learned  George  Con,  the  Pope's  agent  at  the  court  of  Henrietta 
the  Queen  of  Charles  I.,  and  the  author  of  a  treatise  "  De  Dvplici 
Statv  Religionis  apvd  Scotos.  Romae,  1628,"  and  of  several  other 
works  on  the  religious  and  political  controversies  of  the  period. 
The  letter,  which  is  dated  from  Paris  in  October,  1690,  is  written 
by  the  nephew  of  this  zealous  ecclesiastic,  the  grandson  of  "  old 
Patrick  Conne  of  Achray,"  whose  services  in  the  battle  of  Glen- 
livat  are  highly  extolled  by  Dempster.^ 

A  place  has  been  given  to  Number  XIV.  from  a  wish  to  pre- 
serve a  memorial,  however  slight,  of  the  author  of  the  yet  inedited 
"  Description  of  Aberdeenshire  ;"('^)  and  to  Number  XV.  from  a 
desire  to  direct  attention  to  the  notice  which  it  furnishes  of  the 
Chartulary  of  Brechin.  No  trace  of  that  record,  it  may  be  added, 
has  been  found  at  Slaines. 

IV.  CHARTERS  AND  MISCELLANEOUS  PAPERS. 

The  Editor  has  already  too  far  transgressed  the  fair  bounds 
of  a  Prefatory  Notice,  to  permit  him  to  dwell  on  the  selection 
here    given    from  the  earlier    charters  of  the  House    of    Erroll. 

(1)  Historic  Ecclesiastica  Gentis  Scotorimi,  torn,  i.,  p.  170. 

(2)  MS.  Sloane  No.  4215.  Art.  8,  in  the  British  Museum 

P 


CXll  THE    EDITORS    PREFACE. 

Such  documents  must  always  address  themselves  chiefly  to  the 
severer  student  of  antiquities,  and  any  preliminary  observations 
upon  them  may  therefore  be  the  less  unwillingly  dispensed  with, 
since,  while  such  hints  would  probably  be  to  him  uncalled  for. 
they  would  certainly  fail  in  rendering  popular  a  subject  which,  it 
has  been  remarked,  "is  one  necessarily  requiring  a  certain  mea- 
sure of  prepai-atory  learning.''^) 

It  may  be  sufficient  to  remark,  that  of  the  first  twenty-five 
deeds,  while  none  belongs  to  a  later  period  than  the  reign  of  King 
Robert  Bruce,  no  fewer  than  five  are  granted  by  King  William 
the  Lyon.  Of  the  other  royal  charters,  two  are  of  Alexander  II., 
and  there  is  one  of  each  of  the  Sovereigns,  Alexander  III.,  John 
Baliol,  and  Robert  I.  But  the  antiquary  will  perhaps  turn  with 
more  interest  to  the  charters  granted  by  private  subjects  of  infe- 
rior rank  ;  since  muniments  of  that  class,  of  such  antiquity  as  the 
present,  are  of  rarer  occurrence.  In  Number  XII.  will  be  seen 
an  early  example  of  a  Vassal  divesting  himself  of  his  feu,  and 
restoring  it  to  his  Lord  to  remain  vested  in  his  person.  The 
transaction  described  in  Number  XX.  may  furnish  matter  for 
speculation  on  the  state  of  society  which  could  render  such  a 
contract, — perhaps  an  approach  to  a  bond  of  manrent, — desirable 
on  either  side.  Number  VII.  supplies  proof  of  the  existence  of 
yhares  on  the  river  Tay,  in  the  middle  of  the  thirteenth  century; 
nor  will  the  inquirer  into  ancient  manners  overlook  its  notice  of 
the  "  heremitagium  quod  Gillecmichel  quondam  Heremita  tenuit." 
The  testing  clauses  of  all  the  charters  will  commend  themselves 
to  the  genealogist ;  and  one  class  of  them  must  be  peculiarly  ac- 

(1)  Liber  Sancte  Marie  de  Metros,  torn,  i.,  pref.  p.  vii,     Edinb.  1837- 


THE  editor's  preface.  cxiii 

ceptahle  to  those  interested  in  the  remote  history  of  the  families 
of  Perthshire,  and  Fife. 

Of  the  more  recent  deeds  (embracing  those  between  Numbers 
XXVI.  and  XXXIV.)  it  may  be  permitted  to  allude  to  the  first 
(Number  XXVI.),  as  well  for  the  instructive  narrative  of  the 
proceedings  in  a  Justice  Ayre  which  it  contains,  as  for  the  style 
of  "  Dominus  de  Abthane,"  which  is  used  by  the  Justiciar,  Mur- 
dac  Stewart,  afterwards  better  known  as  Duke  of  Albany,  and 
Regent  of  Scotland.  The  words  apparently  indicate  that  he  was 
'•  Lord  of  the  Abthany  of  Dull " ;  for  the  question  of  the  fiery 
Pinkerton  now  only  raises  a  smile, — "  But  who  ever  heard  of  an 
Abthane  ?  And  who  knows  not  that  Dull,  a  village,  could  not  give 
a  title  which  was  in  that  age  territorial?"  ('^  The  "  Abthania  de 
Dull,"  it  is  needless  to  say,  is  familiar  to  our  records,^'^  though  the 
Editor  has  not  before  met  with  a  "  Dominus  de  Abthane." 

XXXV. — XLI.  The  papers  included  within  these  numbers 
refer  to  an  incident  in  the  domestic  annals  of  the  Earldom  of 
ErroU,  arising  from  the  second  marriage  of  Andrew  the  eighth 
Earl.  Jealous  lest  the  influence  which  the  new  Countess  exer- 
cised over  her  husband  should  be  turned  to  their  own  prejudice, 
and  that  of  the  children  of  his  fii'st  nuptials,  his  brethren  surprised 
the  Place  of  Slaines  by  night,  threw  the  Earl  into  the  dungeon, 
and  only  set  him  at  liberty  after  they  had  extorted  his  signature  to 
such  deeds  as  they  pleased  to  present  to  him.  The  suspicions 
which  led  to  this  outrage,  and  the  troubles  which  it  brought  upon 
the  family,  were  only  removed  by  the  Earl's  death,  in  1585. 

(1)  Enquiry  into  the  History  of  Scotland,  vol.  ii.,  p.  193.     Edinb.  1814. 

(2)  Registrum  Magni  Sigilli,  lib.  i.,  no.  '209.,  p.  74  ;  Robertson's  Index  to  the  Charters, 
pp.  46,  53,  90.     Edinb.   1798. 


CXIV  THE    EDITORS    PREFACE. 

XLIV.  When  or  by  whom  this  copy  was  made  "  of  the  tabill 
quhilk  ves  at  Cowper  of  al  the  Erles  of  Erroll  quhilk  ver  buryd  in 
the  Abbey  Kirk  thair,"  does  not  appear.  It  is  printed  from  a 
paper  at  Slaines,  in  the  handwriting  of  the  early  part  of  the  last 
century. 


XiM.    papers  tij  jFatljrr  ime&. 

The  Club  is  indebted  to  James  Dennistoun,  Esquire  of  Dennis- 
toun,  for  the  communication  of  the  first  seven  of  these  papers, 
which  are  printed  from  copies  in  his  possession  made  by  Andrew 
Lumsden,  the  private  secretary  of  Prince  Charles  Edward,  and 
favourably  known  in  literature  by  a  work  on  the  Antiquities  of 
Rome.C)  The  documents  which  follow  have  been  derived  from 
the  charter  chest  at  Ballogie,  to  which  the  representatives  of 
that  family  permitted  the  Editor  to  have  ready  access,  through 
Henry  Lumsden,  Esquire  of  Tilquhilly. 

Even  imperfectly  as  the  literary  biography  of  Scotland  has 
been  cultivated,  it  maybe  allowed  to  express  surprise  that  scarcely 
an  attempt  has  been  hitherto  made  at  a  memoir  of  one  who  has 
done  so  much  for  Scotish  history  and  antiquities  as  the  learned 
Thomas  Innes.  The  publication,  in  1729,  of  his  "  Critical  Essay 
on  the  Ancient  Inhabitants  of  the  Northern  Parts  of  Britain,  or  Scot- 
land," foi'ms  an  epoch  in  the  historical  literature  of  our  country. 

(1)  "  Remarks  on  the  Antiquities  of  Rome  and  its  Environs,  being  a  Classical  and  Topo- 
graphical Survey  of  the  Ruins  of  that  Celebrated  City."  Lend.  1797.  Mr.  Lumsden  died 
at  Edinburgh,  on  the  twenty-sixth  of  December,  1801.  An  account  of  his  family,  drawn 
up  by  himself,  will  be  found  in  Maidment's  Analecta  Scotica  vol.  ii.,  pp.  32—41.  Edinb. 
1837.     He  claims  descent  from  the  house  of  Cushnie. 


THE    EDITOR  S    PREFACE.  CXV 

Succeeding  writers  have  done  little  more  than  expand  the  system 
which  he  developed  in  this  remarkable  work,  of  which  the  acute 
Atterbury  ventured  to  predict,  on  its  publication,  that  "  all  future 
antiquaries,  when  the  present  prejudices  are  allayed,  will  certainly 
embrace  it."  ^'^  Authors  who  agree  in  nothing  else,  have  united 
to  build  on  the  foundations  which  Innes  laid,  and  to  extol  his 
learning  and  accuracy,  his  candour  and  sagacity.  "  Every  research 
which  has  yet  been  made,"  says  Chalmers,  "  evinces  that  Innes 
was  accurate  in  his  authorities,  founded  in  his  facts,  and  right  in  his 
conclusions." ('^^  "  The  industrious  and  acute  Innes,"  says  Pinker- 
ton,  "  ought  never  to  be  named  by  a  Scotish  antiquaiy  but  with 

superlative    praise his   work   forms  a  grand  epoch   in  our 

antiquities:  and  was  the  first  that  led  to  rational  criticism  on 
them his  industry,  coolness,  judgement,  and  general  accu- 
racy, recommend  him  as  the  best  antiquary  that  Scotland  has 
yet  produced."'') 

Apart  from  his  services  to  the  cause  of  letters  generally,  Innes, 
from  the  place  of  his  birth,  has  peculiar  claims  on  the  notice  of 
the  Club ;  and  there  are  few  of  its  members,  it  is  hoped,  but  will 
regret  that  the  following  outline  of  his  life  is  so  meagre  and  im- 
perfect. It  is  printed  from  a  copy  in  the  possession  of  Mr. 
Dennistoun,  in  Mi-.  Andrew  Lumsden's  handwriting. 

"  ANECDOTES    CONCERNING    THOMAS    INNES,    M.A. 

"  Thomas  Innes,  author  of  the  Critical  Essay,  was  born  about  the  year  1667, 
at  Drumgask,  in  the  parish  of  Aboyne,  and  county  of  Aberdeen.  He  was  son 
of  James  Innes,  commonly  designed  of  Drumgask,  and  Jane  Robertson,  daughter 

(')  See  below,  page  338. 

(2)  Chalmers'  Caledonia,  vol.  i.,  p.  228. 

(3)  Enquiry  into  the  History  of  Scotland,  vol.  i.,  p.  313  ;  and  Introd.,  pp.  Ixiii.,  Ixiv. 


CXVi  THE    EDITOR  S    PREFACE. 

of Robertson,  merchant  in  Aberdeen.     His  father's  designation  was  owing 

to  his  possessing  tlie  lands  of  Drumgasii,  as  a  wadset  from  the  Aboyne  family, 
which  were  redeemed  by  the  present  Earl  of  Aboyne.  James  Innes  was  a  younger 
son  of  the  family  of  Draynie,  in  Murray,  descended  from  Robert,  a  third  son  of 
the  Innes  family.  {Vide  Douglas'  Baronage,  Innes  of  That  Ilk,  p.  15.)  There  is 
a  genealogical  tree  of  the  family,  done  by  Thomas  Innes  himself,  in  the  possession 
of  his  grand-nephew,  Lewis  Innes  of  Balnacraig. 

"  By  the  Register  of  the  Scotch  College  at  Paris,  it  appears  that  he  entered  the 
house  January  twelfth,  1681,  and  received  the  clerical  tonsure  the  26th  May, 
1684. 

"  He  was  promoted  to  the  Priesthood  the  tenth  March,  1691  ;  after  which,  he 
went  to  the  Seminary  of  the  Oratorians,  near  Paris,  called  '  Notre  Dame  des 
Vertues,'  where  he  spent  two  or  three  months,  and  then  returned  to  the  College 
in  the  1692.  Then  he  employed  himself  in  copying  the  Chartulary  of  the  Church 
of  Glasgow,  and  placing  in  order  the  different  charters  belonging  to  that  church. 

"  In  the  1694,  he  was  received  Master  of  Arts  in  the  University ;  and,  the  year 
following,  was  matriculated  in  the  German  Nation.  Same  year,  he  went  to  the 
parish  of  Magny  Littare,  in  the  diocese  of  Paris,  when,  after  having  been  era- 
ployed  in  the  ministry  upwards  of  two  years,  he  returned  to  the  College  in  the 
end  of  1697. 

"In  the  spring  of  the  following  year,  he  went  to  the  Scotch  Mission,  where  he 
served  in  the  parish  of  Innerawan,  diocese  of  Murray. 

"  He  returned  in  the  1702  to  act  in  capacity  of  Prefect  of  Studies  in  the 
College,  and  as  agent  for  the  Scotch  Mission  at  Paris. 

"  At  this  period  he  may  be  supposed  to  have  begun  to  collect  materials  for  his 
Critical  Essay,  and  the  Ecclesiastical  History  of  Scotland,  to  which  the  first  was 
only  intended  as  an  introduction.  Thus  far  the  College  Register. 
K  "  He  has  been  esteemed  a  Jansenist  by  some,  though  without  any  solid  foun- 
dation. To  state  the  import  of  this  injurious  accusation,  for  such  he  always  con- 
sidered it,  and  to  satisfy  the  generality  of  readers  as  to  the  appellation  of  Jan- 
senist, it  is  necessary  to  remark  that,  in  the  1640,  the  testamentary  executors 
of  Jansenius,  bishop  of  Ipres,  in  Flanders,  gave  to  the  world  a  work  composed 
by  this  prelate,  in  which  it  was  attempted  to  explain  the  doctrine  of  St.  Augustine 
on  grace  and  free-ivill.  This  work  was  prohibited  by  Pope  Urban  VIII.,  in 
1642  ;  and  in  the  1653,  Innocent  X.  declared  five  propositions  extracted  from 
it  to  be  heretical.     This  decision  was  submitted  to  by  all  parties,  as  to  the  here- 


THE    EDITOR  S    PREFACE.  CXTll 

tical  nature  of  the  propositions  ;  but  it  was  maintained  by  several,  that  they  were 
not  to  be  found  in  Jansenius's  book,  or,  at  least,  were  not  heretical  when  taken 
in  their  true  meaning,  as  there  explained. 

"  In  the  1656,  Alexander  VII.  pronounced  the  propositions  to  be  extracted  from 
Jansenius's  publication,  and  in  the  sense  of  the  author.  He  afterwards  confirmed 
this  decision,  and  prescribed  a  formula  to  be  signed,  implying  the  belief  of  the 
subscribers  as  to  these  two  points :  first,  that  the  five  propositions  were  heretical ; 
and,  second,  that  they  were  contained  in  Jansenius,  in  their  obvious  and  natural 
meaning. 

"  This  formula,  in  consequence  of  a  law  established  by  Louis  XIV.,  was  sub- 
scribed, and  continues  to  be  subscribed,  by  all  who  enter  into  orders,  or  enjoj' 
any  church  living,  in  France.  Mr.  Thomas  Innes  having  taken  orders  in  that 
country,  signed,  of  course,  the  formula ;  and  his  name  is  still  to  be  seen  in  the 
register  of  such  signatures,  kept  in  the  Cathedral  Church  at  Paris.  He  cannot, 
therefore,  be  deemed  a  Jansenist,  having  submitted  to  the  decisions  enacted 
against  Jansenius  by  the  church  of  which  he  was  a  member. 

"  In  the  1713,  Quesnel's  Moral  Reflections  on  the  New  Testament  were  con- 
demned by  Clement  XL,  as  renewing  the  errors  of  Jansenius.  Those  who  stood 
out  against  this  papal  sentence  entered  an  appeal  to  a  General  Council.  Mr. 
Thomas  Innes  was  repeatedly  solicited  to  join  with  them  in  this  appeal,  but  in 
vain,  as  appears  from  the  positive  assertion  of  his  brother,  the  Reverend  Mr. 
Lewis  Innes,  a  man  of  undoubted  veracity,  in  his  letter  to  Abbe  Galland,  Vicar- 
General  of  the  Bishop  of  Apt,  dated  from  Paris,  third  January,  1720.  The  ap- 
pellation of  Jansenist  consequently  cannot,  with  any  truth,  be  applied  to  Mr. 
Thomas  Innes,  and  this  aspersion  must  have  arisen  from  passion  or  prejudice. 
We  have  been  at  pains  to  wipe  it  off,  because  it  hurt  his  feelings  when  alive ;  and 
that,  even  now,  so  long  after  his  death,  which  happened  in  the  1744,  it  still  sub- 
sists in  the  minds  of  some.  Although  this  may  appear  a  matter  of  no  great  con-  ^ 
sequence  to  most  readers,  yet,  as  it  gave  the  good  old  gentleman  much  pain,  it  is 
proper  to  vindicate  his  memory  in  a  point  which  he  considered  of  importance. 

"  These  anecdotes  were  communicated  by  the  Reverend  Mr.  Alexander  Innes, 
great  grand-nephew  of  Mr.  Thomas  Innes,  from  Paris,  the  fourth  December, 
1789." 

The  pedigree  referred  to  in  this  memoir,  has  not  been  found  at 
Ballogie,  where  (the  documents  in  the  text   excepted)  the  only 


CXVIU  THE    EDITOR  S    PREFACE. 

memorial  of  Father  Innes  is  the  following  brief  sketch  of  his   life, 
in  quite  a  modern  hand  : 

"  NOTICE    REGARDING    THOMAS    INNES. 

"  Thomas  Innes,  brother  of  Lewis  Innes,  Principal  of  the  Scotch  College  at 
Paris,  came  to  Paris  at  the  age  of  fifteen,  to  pursue  his  studies  at  the  College  of 
Navarre :  He  also  embraced  the  ecclesiastical  profession.  When  he  had  been 
ordained  priest,  he  returned  to  his  own  country  to  labour  as  a  missionary  there. 
Three  years  after  this  he  was  recalled  by  his  brother,  who  appointed  him  his  suc- 
cessor as  Principal  of  the  Scotch  College.  He  fulfilled  this  charge  with  much 
care,  and  was  united  in  friendship  chiefly  with  the  Abbot  Duguet  and  RoUin  at  Port 
Royal.  He  requested  hymns  of  Santeul  in  honour  of  the  saints  founders  of  the 
church  in  England.  In  1726,  he  undertook  to  refute  an  unfaithful  history  of  the 
church  in  England,  given  by  a  protestant.  Having  been  denounced  as  a  Jansenist 
at  Rome  and  Paris  by  a  young  Scotchman  (a  scholar  of  his  own,  who  was  angry  at 
being  excluded  from  the  episcopacy),  he  was  obliged  to  leave  the  College  :  He, 
however,  got  back  to  it  some  years  after,  under  tlie  protection  of  James  II.  King 
of  England.  Thomas  Innes  died  at  the  Scotch  College  in  1744,  in  the  eighty- 
second  year  of  his  age." 

The  industrious  Wodrow,  in  the  following  passage  of  his  Ana- 
lecta,  supplies  a  few  notices  of  our  antiquary  during  his  sojourn  in 
Edinburgh  in  the  winter  of  1724  : 

"  There  is  one  Father  Innes,  a  priest,  brother  to  Father  Innes  of  the  Scottish 
College  at  Paris,  who  has  been  in  Edinburgh  all  this  winter,  and  mostly  in  the 
Advocates'  Library,  in  the  hours  when  open,  looking  books  and  manuscripts.  He 
is  not  engaged  in  politics,  as  far  as  can  be  guessed  ;  and  is  a  monkish,  bookish 
*!  person,  who  meddles  with  nothing  but  literature.  I  saw  him  at  Edinburgh.  He 
is  upon  a  design  to  write  an  account  of  the  first  settlement  of  Christianity  in 
Scotland,  as  Mr.  Ruddiman  informs  me,  and  pretends  to  show  that  Scotland  was 
Christianized  at  first  from  Rome  ;  and  thinks  to  answer  our  ordinary  arguments 
against  this  from  the  difference  between  the  keeping  of  Easter  from  the  custom  of 
Rome  ;  and  pretends  to  prove  that  there  were  manj'  variations  as  to  the  day  of 
Easter  even  at  Rome,  and  that  the  usages  in  Scotland,  pretended  to  ,:be  from  the 
Greek  church,  are  very  agreeable  to  the  Romish  customs  that  he  thinks  were  used  by 
the  Popes,  about  the  time  that  [he]  gives  account  of  our  differences  as  to  Easter. 


# 


THE    EDITOR  S    PREFACE.  CXIX 

"  This  Father  Innes  in  a  conversation  with  my  informer made  an 

observation  which  I  fear  is  too  true.  In  conversation  with  the  company,  who  were 
all  Protestants,  he  said  he  did  not  know  what  to  make  of  those  who  had  departed 
from  the  Catholic  church ;  that  as  far  as  he  could  observe  generally,  they  were 
leaving  the  foundations  of  Christianity,  and  scarce  deserved  the  name  of  Chris- 
tians. He  heard  that  there  were  departures  and  great  looseness  in  Holland  ;  that, 
as  he  came  through  England,  he  found  most  of  the  Bishops  there  gone  off  from  their 
Articles,  and  gone  into  Doctor  Clark's  scheme  ;  tliat  the  dissenters  were  many  of 
them  falling  much  in  with  the  same  method,  and  coming  near  them  ;  that  he  was 
glad  to  find  his  countrymen  in  Scotland  not  tainted  in  the  great  doctrine  of  the 
Trinity,  and  sound." 

I.  This  letter,  addressed  by  Innes  to  the  Chevalier  de  St.  George, 
avows  the  real  object  at  which  he  aimed  in  the  publication  of 
his  celebrated  Essay ;  and  no  one  who  has  read  that  work  but  will 
confess  that  he  has  skilfully  executed  his  design,  whatever  may  be 
thought  of  the  soundness  of  his  peculiar  doctrines,  or  of  the  some- 
what questionable  means  which  he  took  for  advancing  their  suc- 
cess. On  this  score,  perhaps,  his  best  defence  will  be  that  there 
was  but  too  much  truth  in  his  statement,  that  he  could  not 
"  openly  or  barefacedly  acquaint  the  public  "  with  the  great  motive 
of  his  undertaking,  "  without  awakening  the  governing  powers, 
and  manifestly  hazarding  the  printer,  the  copies,  and  the  author, 
to  be  seized  upon." 

II.  These  passages  appear  to  have  been  selected  from  letters 
written  by  Dr.  Atterbury,  the  deprived  bishop  of  Rochester,  in 
order  probably  to  be  laid  before  the  Chevalier  de  St.  Geoi-ge,  for 
the  purpose  of  obviating  some  attempts  that  seem  to  have  been 
made,  in  the  first  place,  to  strip  Innes  of  the  credit  of  being  the 
author  of  the  Critical  Essay,  and  secondly,  to  depreciate  the  value 
of  the  work  itself. 

Q 


CXX  THE    EDITOR  S    PREFACE. 

III.  This  dissertation,  in  which  the  peculiar  opinions  advocated 
in  the  "  Critical  Essay "  are  applied  to  a  later  period  of  our  his- 
tory, seems  to  be  addressed  in  the  shape  of  a  letter  to  some  cor- 
respondent whose  name  does  not  appear.  We  know  Innes  to  hare 
been  in  habits  of  communication  with  more  than  one  of  the  few 
cultivators  of  Scotish  antiquities  in  his  time.  The  anonymous 
author  of  "  A  View  of  the  Diocese  of  Aberdeen,"  a  manuscript  in 
the  Advocates'  Library,  frequently  quotes  "  Mr.  T.  Innes'  Letter 
to  Mr.  Ker."  John  Ker  was  Professor  of  Greek  in  the  King's 
College  from  1717  to  1734,  when  he  was  called  to  the  chair  of 
Humanity  in  the  University  of  Edinburgh.  He  died  in  November, 
1741.  He  has  left  some  works  of  local  interest;  and  it  appears 
that  he  contemplated  the  publication  of  an  "  Athenae  Abredon- 
enses  "  and  an  "  Archaeologia  Abredonensis." 

IV.  In  this  short  essay,  which  also  assumes  the  form  of  a 
letter,  Innes  throws  light,  wliich  will  probably  be  new  to  most 
readers,  on  a  point  of  some  moment  in  our  ancient  ecclesiastical 
history, — the  early  introduction  and  general  prevalence  among  us 
of  the  Salisbury  Liturgy.  The  error  which  Innes  exposes,  it  is 
needless  to  add,  invented  by  Blind  Harry  and  copied  by  Hector 
Boece,  has  been  repeated  by  almost  all  succeeding  writers :  the 
latest  editor  of  the  industrious  Calderwood,  though  he  traces  in 
the  passage  the  origin  of  a  common  adage,  fails  to  point  out  the 
inaccuracy  of  his  author's  statement.^'^ 

V.  This  is  the  letter  from  the  University  of  Glasgow  to  the 
Scots  College  at  Paris,  which  led  the  way  to  the  long  and  interest- 
ing letters  which  follow  (Numbers   VI.  and   VII.),  in  which  Innes 

(1)  Calderwood's  History  of  the  Kirk  of  Scotland,  vol.  i.,  pp.  14,  13.  Edinb.  Printed 
for  tlic  Wodrow  Society.   1842. 


THE    EDITORS    PREFACE.  CXXl 

conveys  much  valuable  information  as  to  the  ancient  records  of  the 
church  of  Glasgow. 

VIII. — XIII.  These  papers  refer  to  Mr.  Lewis  Innes,  the 
elder  brother  of  our  antiquary,  and  his  predecessor  in  the  rule 
of  the  Scots  College  at  Paris.  The  first  is  a  letter  from  his 
father,  James  Innes  of  Drumgask ;  the  others  shew  the  appoint- 
ments which  he  held  at  the  court  of  the  exiled  Queen  of  James 
VII.,  and  that  of  her  son  the  Chevalier  de  St.  George.  Beyond 
these,  nothing  is  known  of  the  history  of  Lewis  Innes,  except 
what  is  to  be  gathered  from  the  anecdotes  of  his  brother,  given  in 
a  previous  page ;  and  that  he  is  said  to  have  been  appointed  by 
the  exiled  Coui-t  its  "  Secretary  of  State  for  the  affairs  of  Scot- 
land." In  the  succeeding  letter  (Number  XIV.),  the  unfortunate 
prince  whom  he  had  served,  acknowledges,  on  the  tidings  of  his 
death,  the  fidelity,  the  ability,  and  the  zeal  which  he  displayed  in 
the  matters  entrusted  to  his  care. 

Numbers  XV.  and  XVI.  are  letters  from  Prince  Charles  Edward, 
in  his  own  strange  school-boy  hand,  a  facsimile  of  which  will  be 
found  in  one  of  the  plates  of  autographs.  If  sympathy  with  misfor- 
tune, or  the  reverence  due  to  fallen  greatness,  should  sadden  our 
smile  at  the  fond  assumption  of  Kingly  style  in  the  signature  of 
"  Charles.  R.",  it  may  be  allowed  freer  play  at  the  awkward  pains 
of  his  illegitimate  daughter  to  supply  the  fault  of  a  secretary,  who, 
in  the  letter  which  follows  (XVII.),  forgot  that  her  father  was  "  le 
Roi"! 

X51T.    ©rtrft  of  OTomijats  for  ILiU  in  S»cotIanJr. 

This  short  treatise,  on  the  laws  regulating  the  Ordeal  of  Combat 
in  Scotland,  is  printed  from   a  manuscript   in  the   archives   of  the 


CXXU  THE    EDITORS    PREFACE. 

House  of  ErroU,  to  which,  as  vested  in  the  office  of  Great  Consta- 
ble, it  belonged  to  preside  on  such  occasions. 

Of  the  author  of  the  tract,  or  of  the  time  when  it  was  written, 
nothing  is  known  to  the  Editor  beyond  what  its  title  sets  forth. 
It  is  unnecessary  for  him  to  remark  that,  in  its  present  shape  at 
least,  it  is  much  more  recent  than  the  time  of  "  James  I.  King  of 
Scots."  Two  copies  of  it  were  found  at  Slaines,  but  the  most 
ancient,  from  which  the  text  is  printed,  cannot  be  ascribed  to  an 
earlier  period  than  the  beginning  of  the  last  century.  Still  so  little 
is  really  known  of  Heraldic  usages  in  Scotland,  that,  perhaps,  such 
a  contribution  as  this  may  not  be  unacceptable,  even  with  the 
dubious  character  which  must  remain  attached  to  it. 


XYf.    Mmoix  of  Joi)n  ^tton'H  O^arl  of  ^cxti). 

This  pleasing  sketch  of  his  owti  life,  by  an  amiable  and  accom- 
plished nobleman,  is  printed  from  a  copy  in  the  library  at  Slaines, 
in  the  handwriting  of  Dr.  James  Drummond,  Bishop  of  Brechin, 
who,  on  being  ejected  from  his  see  at  the  Revolution,  took  up  his 
residence  with  the  family  of  ErroU,  and  died  in  their  house  in  the 
year  1695.  In  the  same  volume  are  several  tributes,  both  in  prose 
and  verse,  to  the  memory  of  the  Earl,  who  has  been  praised  by  his 
kinsman,  the  Viscount  of  Strathallan,('>  for  that  love  of  letters,  of 
which  traces  will  be  found  in  this  memoir.  He  died  on  the 
eleventh  of  June,  1662. 

(1)  Malcolm's  Genealogical  Memoir  of  the  House  of  Drummond,  p.  128.     Edinb.  1808. 


THE    EDITOR  S    PREFACE.  CXXIU 

XtJi.    13uU  tn  tf)t  Monmtm}  of  ^plusfeartiBn. 

The  Moiuistery  of  Pluskardyn,  of  which  the  ruins  are  yet 
venerable,  was  founded  in  the  year  1230,  and  eventually  acquired 
great  wealth.  Even  at  the  date  of  this  document,  that  is,  thirty 
years  after  its  foundation,  its  possessions  were  very  considerable. 
One  part  of  the  revenue  of  the  monks,  it  will  be  observed,  was 
derived  from  "  the  tithe  of  iron  dug  in  the  forests  of  Pluskardyn 
and  Wthutyr."  This  is  by  no  means  a  solitary  instance  of  the 
early  attention  which  was  paid  to  mining.  The  lead  ores  of 
Lanarkshire  seem  to  have  been  turned  to  account  before  the  year 
1239  ;  and  King  David  I.  grants  to  the  monks  of  Dunfermline 
the  tithe  of  all  the  (/ohl  that  shall  accrue  to  him  within  the 
bounds  of  Fife  and  Forthrik. 

For  a  transcript  of  this  bull  the  Editor  is  indebted  to  Cosmo 
Innes,  Esquire,  Sheriff  of  Murray,  to  whom  also  the  Club  is  under 
obligations  for  the  communication  of  the  third,  fourth,  fifth,  sixth, 
and  ninth  articles  in  this  volume. 


In  the  two  plates  of  autographs  which  are  subjoined,  the  signa- 
tures are  given  of  one  or  two  persons  not  expressly  referred  to  in 
the  text,  but  whose  relation  to  the  north-eastern  counties  seems 
sufficient  to  warrant  the  place  assigned  to  them.C^     The  artist,  by 


(I)  The  signatures  in  the  first  plate  are  the  following; 
Beaufort  the  17t  of  Apryle  1745  "  Malcolm  Fforbes  of  Tolloquhone"   1489. 

Your  most  affectionat  cousin  and  most  p.  259. 

fathfull  slave  Lovat"     p.  27.         "John  Cheyn  of  Essilmont "  1504 


CXXIV  THE    EDITOR  S    PREFACE. 

following  rather  too  literally  his  instructions  to  introduce  as  many 
subscriptions  as  possible,  has  given  a  somewhat  crowded  and 
confused  appearance  to  his  engravings.  In  a  third  plate,  a  fac- 
simile is  given  of  an  interesting  letter,  which  has  already  been 
referred  to,  from  King  James  V.  to  his  secretary.  Sir  Thomas 
Erskine  of  Brechin/-' 


It  only  remains  for  the  Editor  to  express  his  acknowledge- 
ments of  the  valuable  assistance  which  he  has  received  from  Joseph 
Robertson,  Esquire,  on  whom,  when  about  one  half  of  the  volume 


'  Alex'   Banerman  of  Watartone  "   15U4 
'  Ando  Tuledeft'  of  That  Ilk"  1504 
'  Wylyam  Master  of  EroU  "   1504 
'  Gilbert  Hay  of  Ardendraclit "   1504 
'  Alex'  Uasse  vicarius  de  Kynauchmond  " 

1504 
'Allexr   Fraser"  of  Philortli  1489.  p.  "258. 
'James  R"   1525.  p.  178. 
'  Margaret  R"   1525.  p.  178. 
'  R  Keytht  of  Deir  "  1578 
'  Allexander  Waws  "  1554.  p.  276. 
'  Ranald  Oudneof  That  Ilk"  1511.  p.  266. 
'  Henry  Lord  Synclar  "  1578 


"  Erl  of  Craufurd  "  1503 
"  Alex'   Irvyn  of  Lvnmey"  1483.  p.  254. 
"  George  Lord  Gordon  "  1466.  p.  251. 
"  Alexander  Chamer  of  Balnacrag"  1543 
The  seal  of  Wilyeame  Kynidy  Constabil  of 

Abirdene  1487.  p.  256. 
"Erroll"   1578. 
"Erl  of  Arran"   1525.  p.  178. 
"James  M  Synclar"   1578. 
"  Frances  Erll  off  Erroll  "  1589.  p.  279. 
"  Jhon  Waus  off  Many  "   1554.  p.  276. 
"  George  Erlle  of  Huntlye  "  1589.  p.  279. 
"  Wm  Forbes  of  Tolqiihon  "  1578. 


The  autographs  exhibited  in  the  second  plate  are  these  : 


Letter  from  Prince  Charles  Edward,  1777. 

p.  379. 
•'  Jhone  Leslie  oft'  Ballquhane  "   1578 
"  Alexr  Forbes  of  Petslego  "  1578 
"  Georg  Meldrum  of  Fywe  knycht  "  1544. 

p.  272. 
"  Maister  James  Skeyn  of  Westir  Cors " 

1578 
"  C  Thomas  Ker"  1689.  p.  279. 

(2)  Page  193. 


"  Wyliam  Lesk  of  That  Ilk"  1578 
"  Jhone  Mastir  off  Forbes  "  1578 
"  Patrik  Mowat  of  Bocholle"  1544.  p.  273. 
"  I  Archbald  Dougles  of  Glcnbervy  grantis 
me  hef  in  wed  of  Master  Thomas  Erskin 
of  the  Haltoun  ane  chenye  of  gold   .    . 
.     .     Archbald  Dougles  oft' Glenberwy  " 
1528.  p.  177. 


THE    EDITOK  S    PREFACE.  CXXV 

was  printed,  his  own  avocations  somewhat  unexpectedly  compelled 
him  to  devolve  the  completion  of  the  undertaking.  To  this  arrange- 
ment the  Club  owe  the  very  accurate  and  scholar-like  manner  in 
which  the  charters  and  other  ancient  muniments  in  the  latter  part 
of  the  work  are  exhibited. 

He  has  been  greatly  indebted  also  in  the  preparation  of  these 
Prefatory  Remarks  to  Mr.  Robertson's  varied  acquirements,  and 
extensive  knowledge  of  the  history  and  antiquities  of  our 
northern  shires. 

JOHN  STUART. 

Crown  Street,   id  December,    1842. 


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1 


CONTENTS. 


CONTENTS. 


PAGE 

I.  LETTERS  FROM  SIMON  LORD  LOVAT  to  his  KINSMAN  in  ABER 
DEENSHIRE.   1740-45. 

I.     Lord  Lovat  to  Charles  Fraser  of  Inverallocliy.     Beaufort,  21  March, 

II.  The  same  to  the  same.  Edinburgh,  11  September,  1740,_„ . 4 

III.  The  same  to  the  same.  Edinburgh,  3  January,  1741,  _ . 10 

IV.  The  same  to  the  same.  Edinburgh,  25  February,  1741, 19 

V.  The  same  to  the  same.  Edinburgh,  12  March,  1741, 24 

VI.     The  same  to  the  same.     Beaufort,  15  October,  1742, 25 

VII.     The  same  to  the  same.     Beaufort,  17  April,  1745, .     26 

II.  THE  CHRONICLE  of  ABERDEEN.     1491—1595, 29 

III.  ACT  OF  PRIVY  COUNCIL  for    DELYVERIE   of    DEAD  BODIES  to 

THE   COLLEDGE  of  ABERDENE.     1636, 71 

IV.  DECREET  OF  SPULZIE  :  JOHN  OGILVY  of  Strathebne,  and  Mr. 
JAMES  OGILVY,  Commendator  of  Drtburgh  Abbey,  his  Tutor, 
AGAINST  LAUCHLANE  MACINTOSH,  and  Others.      1517, 75 

V.  THE  KINGIS  LETTRES,  Commandan  the  ERLE  of  MURRAY, 
Leivtenent,  to  pass  vpoun  the  CLANHATTAN  and  BAGE- 
NACHT,  for  to  DESTROY  THAME  ALVTHERLIE.     1528, tsl 

VI.   A    BRIEFF    ACCOUNT    of    the    WATCH    undertaken    by    CLUNY 

MACPHERSON.     1744, 85 

Vn.  PAPERS  FROM  the  CHARTER  CHEST  at  MONYMUSK.     1590-1720. 

I.     Band  of  Friendship  betwixt  Lordes   AthoU,   Murray,  Lovat,  Grant, 

and  wtheris.     5  November,  1590, 93 


CXXXIV  CONTENTS. 

PAGE 

II.     Licence,  James  VI.  to  the  Laird  of  Monymusk  and  otliers,  to  confer 

with  the  Earl  of  Angus.    1395, 94 

III.  Letter,  William,  tenth  Earl  of  Angus,  to  William  Forbes  of  Mony- 

musk.    Paris,  15  June,    1610, 95 

IV.  Description  of  the  present  state  of  [Monymusk],  and  what  hath  been 

done  to  make  it  what  it  is.     By  Sir  Archibald  Grant.     1716, 96 

V.  A  True  Account  of  two  Visions  seen  on  the  moore  cald  The  White 
Myres,  a  mile  and  ane  half  to  the  westward  of  Aberdeen,  [sent  by 
the  Laird  of  Kingswells  to   Sir  Archibald   Grant  of  Monymusk. 

13th  November,  1719], 98 

VI.      Memoires  [of  the  state  of  Aberdeenshire  in  the  early  part  of  the 

eighteenth  century,  by  Sir  Archibald   Grant  of  Monymusk], 99 

VIII.   THE  ARBUTHNOTT  PAPERS.     1487-1681. 

I.     Robert  Arbuthnot  and  Marion  Scrimgor,  his  wytf'e,  ther  recepcion  in 

the  Fraternitie  of  the  Ordour  of  Observantia.     1487, ■ 103 

II.  Libertie  granted  be  the  Pope  to  Robert  Arbuthnott  and  his  spous,  to 
carry  ane  Altar  and  sua  Messis  wher  they  pleas,  in  ony  place  con. 
venient,  in  Pope  Inocent  the  Aught  his  time  and  sevinth  of  his 
Pontificat.     1492, 104 

III.  Robert  Arbuthnot  of  that  Ilk  and   Marione  Scrymgour,  associat  to 

the  Fratemetie  of  St.  Jhone  of  Jerusalem,  conteininge  absolutione 

IV.  Bischop   of    Cathnes,  than   being    ComptroUar    or     Thesaurer,   ac- 

quitance  of  ane  hundreth  merkis,  for  compositione,  be  James 
Arbuthnot,  in  part  of  payment  of  his  new  infeftment.  17th 
May,  1512, 105 

V.  James  Arbuthnot  of  That  Dk,    his  lycence   to  pas  in   Pilgrimage  to 

Sanct   Johne  in  Amyance.     23d  November,  1520, 106 

VI.  Dispensation  by  James  V.  for  serving  Robert  Arbuthnot  of  That  Ilk 
air  to  his  Father,  James,  nochtwithstanding  of  his  minorite.      12th 

VII.     Letter,  James  Duke  of   Chatelherault,  to  the  Laird  of  Arbuthnot. 

Edinburgh,  13  March,  1550, 108 

VIII.     James,  Earl  of  Murray,  to  the  Laird  of  Arbuthnot.     Edinburgh,  12 

July,  1568, . 109 


CONTENTS.  CXXXV 

PAGE 

IX.     James,  Earl  of  Morton,  to  the  Laird  of  Arbuthnot.     Holyroodhouse, 

20  December,  1575, — 110 

X.     George,  Master  of  Marischal,  to  the  Laird  of  Arbuthnot.    Dunotter, 

■22  October,  1580, 110 

XI.      William,  fourth  Earl  Marischal,  to  the  Laird  of  Arbuthnot.     Dunot- 
ter, 23  April,  1581, 111 

XII.     King  James  VI.  to  the  Laird  of  Arbuthnot.     Holyroodhouse,  7  May, 

1583, 112 

XIII.  King  James  VI.  to  the  Laird  of  Arbuthnot.     Holyroodhouse,  14  No- 

vember, 1588, . 112 

XIV.  King  James  VI.  to  the  Laird  of  Arbuthnot.     Edinburgh,  12  April, 

XV.     King  James  VI.  to  the  Laird  of  Arbuthnot.     Edinburgh,  30  August, 

1589, 114 

XVI.     King  James  VI.  to  the  Laird  of  Arbuthnot.     Holyroodhouse,  1 1  May, 

1590, „.,  114 

XVII.     Licence  by  the  Privy  Council,  in  favour  of  Robert,  Viscount  Arbuth- 
not, and  others.     Edinburgh,  March,  1642, 115 

XVIII.     John,  Sixth  Earl  of  Rothes,  to  the  Viscount  Arbuthnot.     Edinburgh, 

27  April,  1676, . 115 

XIX.     Certificate  in  favour  of    Robert,  Viscount  Arbuthnot.     Edinburgh, 

5  December,  1681, 116 

IX.  EXTRACTS  fkom  the    REGISTER  of  the  REGALITY  COURT  of 

SPYNIE.     1592—1601, 117 

X.  EXTRACTS    from    the    MANUSCRIPT    COLLECTIONS    of    the 
REVEREND  ROBERT  WODROW.     1605—1697. 

I.     The  Synod  of  Aberdeen  to  King  James  VI.     Aberdeen,  21  February, 

II.     The  Bishop  of  Murray  to  King  James  VI.     1618, 150 

III.  The  Synod  of  Aberdeen  to  King  James  VL     Aberdeen,  20  February, 

IV.  The  Earl  of  Dunfermline  to  King  James  VI.  Edinburgh,  25  May,  1606,  152 
V.     The  Laird  of  Corse,  afterwards  Bishop  of  Aberdeen,  to  King  James  VI. 

Edinburgh,  15  February,  1610, 153 


;XXXV1  CONTENTS. 

PAGE 

VI.     The  Bishop  of  Murray  to  King  James   VI.   regarding   the  Laird  of 

Gight.     Elgin,  20  February,  1610, 155 

VII.     The  Archbishop  of  St.  Andrew's  to  King  James  VI.     St.  Andrews, 

16  March,  1611, _,  136 

VIII.     Lord  Binning  to  King  James  VI.     Aberdeen,  22  August,  1616, 157 

IX.     Peter  Blacliburn,  Bishop  of  Aberdeen,  to  King  James  VI., 158 

X.     Lord  Binning  to  James  VI.     St.  Johnston,  27  August,  1618,  139 

XI.     Protestation  of  the  Episcopal  Clergy  at  Aberdeen.     29  June,  1694,_  163 
XII.     Mr.   R.    Langlands  to  the   Reverend  James    WoJrow.       Aberdeen, 

XIII.  The  Reverend  Thomas   Ramsay   to  the   Reverend  James  Wodrow. 

Aberdeen,  13  April,  1697, 171 

XIV.  Mr.  Hugh  Innes  to  the  Reverend  James   Wodrow.     Aberdeen,  15 

September,  1697, 173 

XL  PAPERS  FROM  THE  CHARTER  CHEST  at  PITTODRIE.  1524—1628. 
I.  Obligation  by  Archibald  Douglas  of  Glenbervy.  Edinburgh,  6  No- 
ll.    Warrant  for  the  Office  of  Secretary  in  favour  of  Thomas  Erskine  of 

Halton.     Edinburgh,  6  March,  1525, ,. 177 

III.  Gift  of  the  Office  of  Secretary  by  King  James  V.  to  Thomas  Erslcine 

of  Halton.     Edinburgh,  5  October,  1526, 179 

IV.  Commission,   King  James  V.   to  Sir   Thomas  Erskine.     Edinburgh, 

6  April,  1530, 180 

V.     King  James  V.  to  Sir  Thomas  Erskine, 180 

VI.     Commission,JamesV.to  the  Duke  of  Albany.   Edinburgh,  6  April,  1530,  181 
VII.     Transumpt,  dated  29th  March  1530,  of  a  charter  by  Charles  VII.  King 

of  France,  granted  in  1428,  in  favour  of  King  James  I., 181 

VIII.     Letter  of  Protection  and  Safeguard  by  Henry  VIII.  King  of  Eng- 
land, in  favour  of  James  Bishop  of  Ross,  and  Sir   Thomas  Erskine. 

Westminster,  12  March,  1532, 189 

IX.     Letter  of  Gift  by   King  James   V.  to   Sir  Thomas   Erskine.     Edin- 
burgh, 23  February,  1535, 188 

X.  Signature  of  the  Sheriffship  of  Fife,  by  King  James  V.,  in  favour  of 
John,  Lord  Lindsay  of  the  Byres.  Falkland,  14  December,  1538 ; 
and  Edinburgh,  3  January,  1539, 189 


CONTENTS. 


XI.     Credence  to  be  schawin  to  the   Duk  of  Albanye  in  our  belialf  [James 


XII. 
XIII. 
XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 
XXIII. 

XXIV. 
XXV. 

XXVI. 

XXVII. 
XXVIII. 


v.]  be  our  Secretair  [Sir  Thomas  Erskine]. 
King  James  V.  to  the  Duke  of  Albany ,„ 
King  James  V.  to  Sir  Thomas  Erskine,_ 


1323—1535,- 


King  James  V.  to  the  Chancellor,   President,  and  Lords  of  Council. 
Linlithgow,   6   March,  1539, : 


190 
192 

193 

194 


Letter  from   King   James  V.  to   Sir   Thomas  Erskine.     Stirling,  13 

Letter  from  King  James  V.  ordaining  a  charter  to  be  made  in  favour 
of  Mary,  his  Queen,  of  the  Lordship  of  Menteith  and  others. 
Stirling,  13  April,   1542, 


Letter  of  Gift  by  King  James  V.  in  favour  of   Sir  Thomas  Erskine. 
Edinburgh,  29  November,  1542, 


193 


196 


Letter  from  the  Regent  Arran  to  Sir  Thomas  Erskine. 
10  January,  1343, 


Edinburgh, 


Order  by  the   Regent   Arran  to  Sir   Thomas  Erskine. 
1  August,   1543, 


Edinburgh, 


Letter  from  the  Regent  Arran  to  Sir  Thomas  Erskine. 
18  August,  1343, 


Edinburgh, 


199 
199 


Receipt  by  the  Earl  of  Arran  to  Sir  Thomas  Erskine.  Cupar-in-Fife, 
28  August,  1543, 

Respite  to  Sir  Thomas  Erskine.     Stirling,  11  June,  1546, 

Accounts  rendered  by  Sir  Thomas  Erskine  of  the  Feu-Duties  of  the 
Lordships  of  Brechin  and  Nevar.  Stirling,  20  August,  1546;  and 
13  August,  1547, , 200 

Licence  to  Sir  Thomas  Erskine  to  remain  from  the  Host  at  Fala  Muir. 
September,   1547, 203 

Licence  to  Sir   Thomas   Erskine  to  pass  beyond  sea.     Stirling,  28 

Licence,  King  James  VI.  to  John  Erskine  of  Balhagardie  to  pursue 
Leslie  of  Wardes,  notwithstanding  of  the  Proclamation  regarding 
the  Pest.      Holyroodhouse,  11  March,  1589, 205 

Remission,  King  James  VI.  to  John  Erskine  of  Balhagardie.  Edin- 
burgh, 24  June,  1613,. 206 

Licence  by  the  Secret  Council  to  hold  a  weekly  market  at  the  Chapel 
of  The  Garioch.    Holyroodhouse,  29  July,  1628, . 207 


CXXXVm  CONTENTS. 

PAGE 

XII.  THE  ERROLL   PAPERS.     1188—1727. 

I.   The  Constabulary.     1314—1727. 

I.     Charter  by  King  Robert   I.   to   Sir  Gilbert  the  Hay,  of  the  Office  of 

the  Constabulary  of  Scotland.     12  November,  1314, 211 

II.     Obligation  from  Thonaas  Cuthbert  dwelling  in  the  Constable  Land  in 

Inverness  to  William  First  Earl  of  Erroll.     23  August,  1455, 211 

III.     Copy  of  an  Act  made  in  King  James  the   Second's  Time  being  the 
67th  Act  be    his   General    Council  conveened   at   Edinburgh    19 

October  Anno  1456, 212 

IV.     Instrumentum   Willielmi  Comitis  de  Erroll  pro   circuitu  et   ambitu 

dictis  Le  Barras  etc.      30  Julii  1501, 212 

V.     Obligation  by  the  provost  and  magistrates  of  Edinburgh  to  William 

fourth  Earl  of  Erroll.       17  February  1508, . 213 

VI.     License  by  King  James  V.  in  favour  of  William  sixth  Earl  of  Erroll. 

22  April  1538, 214 

VII.     An  Privilege  of  the  Constabulary  touching  the  punishment  of  Offi- 
cers of  Arms.     16  January  1555, 215 

VIII.     Letter  King  James  VI.  to  the  Burghs  in  favour  of  Andrew  eighth 

Earl  of  Erroll.     23  January  1580, 215 

IX.     Letter  King  James  VI.  to  the  provost  and  baillies  of  Edinburgh  in 

favour  of  Francis  ninth  Earl  of  Erroll.      8  December  1591,_____  217 

X.     Letter  King  James  VI,  to  the  baillies  of  Leith.      20  January  1596, 219 

XI.     Act  of  Secret  Council  regarding  the  Privileges  of  the  Constable  and 

the  Marischal.     2  July  1606, 220 

XII.     Act  of  Secret  Council  regarding  the  Privileges  of  the  Constable  and 

the  Marischal.     31  July  1607,  _-__. . : 221 

XIII.  Commission  by  King  Charles  I.  to  enquire  into  the  Honours  and  Pri- 

vileges of  the  Office  of  High  Constable.     2  May  1627, 222 

XIV.  The  Report  of  the  Commissioners  appointed  by  King  Charles  L  to 

enquire  into  the  Honours  and  Privileges  of  the  Office  of  High  Con- 
stable.    27  July  1631, . 225 

XV.     The  Protest  of  the  Earl  Marischal.     21  July  1631 228 

XVI.     Letter  from  King  Charles  I.  to  the  Lords  of  the  Privy  Council.     11 

May  1633, 229 

XVII.     The  Report  of  the  Lords  of  the  Privy  Council, 229 


CONTENTS. 


CXXXIX 


PAGE 

XVIII.     Litera  Regis  Willielmo  Comiti  Errolie  pro  Parliamento.  1  Mali  1633,  231 
XIX.     Act  of  Secret  Council   regarding  the  Rights  of  the  Constable.     17 

June  1633, , 232 

XX.     Letter  from  King  Charles  I.  to  the  Lords  of  Session.   16  May  1634,_  233 

XXL     Informacioune  for  the  Erl  of  Eroll.     3  September  1639, 234 

XXII.     Followis  the  Coppie  of  the  Towne  of  Edinburgh  thair  Supplicatioune 

red  in  open  Parliament  5  August  1641, 235 

XXin.     Coppie  of  the  Erie  of  Erroll  his  Bill  5  August  1641, 237 

XXIV.     Coppie  of  the  Decreit  vpon  the  bak  of  the  said  Bill  5  August  1641,_  238 
XXV.     Remonstrance  the  Lord  Constable  to  the  Estates  of  Parliament.     5 

XXVI.     Declaration  by  John   Earl  of  Crawfurd   Lindsay  heritable  bailie  of 

the  Regality  of  Saint  Andrews.     4  February  1646, „_™. 240 

XXVII.  Petition  Gilbert  eleventh  Earl  of  Erroll  to  certain  commissioners  ap- 
pointed by  the  commonwealth  of  England.     1654, 241 

XXVIII.     Certificate  by  the  Clerli  of  Parliament.     12  October  1654,  _.. 243 

XXIX.  The  Report  of  the  Lords  of  the  Committee  for  his  Majesty's  Corona- 
tion as  to  the  precedency  of  the  Lord  High  Constable  of  Scot- 
land.    19  October  1714, 245 

XXX.  Order  by  the  King  in  Council  allowing  Mary  Countess  of  Erroll  High 
Constable  of  Scotland  to  name  a  Deputy  to  attend  at  his  Majesty's 
Coronation.    20  September  1727, 245 

XXXI.  Order  by  the  King  in  Council  approving  of  John  Duke  of  Roxburgh 
as  the  Deputy  of  Mary  Countess  of  Erroll,   High   Constable  of 

Scotland.     2  October  1727, 246 

XXXII.  Order  by  the  Deputy  Earl  Marshal  of  England  to  the  Master  of  the 
Jewell  House  to  provide  a  Silver  Truncheon  for  the  Deputy  of  the 
High  Constable  of  Scotland.     30  September  1727, 247 

XXXIII.  Constabularij  Regis  et  Regni  Scocie, 248 

XXXIV.  Mariscalli, 249 


II.  Bands  of  Manbbnt  Friendship  and  Alliance.     1466 — 1612. 

I,     Indenture  between  the   Earl  of  Erroll  and  the   Lord  Gordon.      26 

January  1466, 251 

11.     Band  of  Manrent  of  Alexander  Mackintoche  Thane  of  Rathamureus. 

17  June  1472, 252 


cxl 


CONTENTS. 


III.  Band  of  Manrent  of  the  Coadjutor  of  St.  Andrews.    3)  October  1477,  252 

IV.  Band  of  Manrent  of  Alexander  Irvyn  of  Lunmey  heir  apparent  of  The 

Drum.      17  April  1483, 253 

V.     Band  of  Manrent  of  John  of  Keth  of  Ludquarne.  24  November  1484,  254 

VI.     Litera  Homagij  Wilielmi  Keth  de  Ythane.     24  November  1484, 255 

VII.     The  Manrent  of  the  Constabil  of  Abirdene.     27  April  1487, 256 

VIII.     Ane  Band  of  Manrent  of  Fedderattis  to  EroU.     10  May  1487, 256 

IX.     Lettir  of  Manrent  of  Master  Wylyam  Scot.     13  December  1488, 257 

X      The  Lard  of  Phylorthys  Letter  of  Manrent.    15  January  1489, 257 

XL     Litera  Homagij  Domini  de  Tolloquhone.     12  June  1489, 258 

XII.     Vilyam  Lesly  broder  to  the  Erll  of  Rothusis  Band  of  Manrent  to 

ErroU.     3  June  1490, 259 

XIII.  Thomas  Hay  son  to  the  Lard  of  Ardendrachtis  Band  of  Manrent.     1 

November  1496, 260 

XIV.  Ane  Band  of  Manrent  maid  be  Jhone  Cheyne  of  Essilmond  to  Vilyam 

Erll  of  ErroU.     11  September  1499, „  261 

XV.     Ane  Manrent  of  Alexander  Banermanis  of  Vattertovn  to  the  Erll  of 

Erroll.    3  June  1504, „  261 

XVI.     Ane  Band  of  Manrent  made  be  Faddrayt  to  the  Erll  of  Erroll.     23 

XVII.     Henry  Cheyne  of  Essilmondis  Band  of  Manrent  to  Erroll.     2  June 

XVIII.     Ane   Band  of  Manrent  maid  be  Henry  Chene  of  Essilmond  to  Wil- 

yeam  Master  of  Errol  for  xij  merkis  mony.    5  June  1506, .„„„„  263 

XIX.     Ane  Band  of  Manrent  of  the  Lard  of  Leithendeis  gewin  to  the  Erie 

off  Erroll.    10  July  1507, . 263 

XX.     Ane  Band  of  Manrent  of  Gilbart  Hayis  of  Delgaty  maid   to  the  Erll 

of  Erroll,    4  January  1508, _ 264 

XXI      Ane  Band  of  Manrent  of  Robart  Wauss  maid  to  Wiliam  Erll  Erroll. 

26  February  1509, 265 

XXII.     The  Lard  of  Wudnes  Lettir  of  Manrent.    8  January  151 1, '265 

XXIII.  Litera   Homagij  Domini  de   Ardendracht  facta   Domino    Comiti   de 

Erolle.     5  February  1515, 266 

XXIV.  Litera  Homagij  Wilielmi  Lask  Burgensis  de  Abirdene  facta  Domino 

Comiti  de  Erol.    26  February  1515, 266 

XXV.     Litera  Seruicij  Patricij  Chene  de  Esselmond.    23  May  1516, 267 


CONTENTS. 


cxli 


XXVI.     Obligatio  Comitis  de  Errol  to  manteyne  Patrik  Chen  and  his  frendis 

in  al  materis.    24  May  1516, 268 

XXVII.     Lard  of  Moncuris  Band  of  Manrent  maid  to  the  Erll  of  Erroll.    21 

February  1S41, ___,„_  268 

XXVIII.     Alexander  Chalraerris  Balnacraig  Band  of  Manrent.     22  May  1543, _  269 

XXIX.     The  Laird  of  Pitfowris  Band.    8  November  1543,„ 271 

XXX.     The  Lard  of  Fyfy  Band  of  Manrent  to  my  Lord  of  Eroll.     16  De- 
cember 1544,^ 272 

XXXI.     The  Laird  of  Bochalyis  Band.     16  December  1544, 272 

XXXII.     Alexander  Buchane  of  Auchmacoyis  Band.    1  February  1545, 273 

XXXIII,  Contract  between  George  Earl  of  Huntly  and  George  Earl  of  Erroll. 

3  June  1546, . 274 

XXXIV.  The  Lard  of  Maneis  Band  of  Manrent  maid  to  George  Erll  of  Er- 

roll.    18  July  1554, 275 

XXXV.     Ane  Indentour  quhair  Andro  TuUedaff  young   Lard  of  Ranestoun  is 
betuix  Man  and  Seruand  to  ane  noble  Lord  Andro  Master  of  Erroll 

and  Constable  of  Scotland.     14  November  1570, __..„. 276 

XXXVI.     Mr.  Richart  Lawsounis  Band  of  Manrent  to  the  Erll  of  Erroll.     15 

August  1508, 278 


xxxvn. 

XXXVIIL 


XXXIX. 
XL. 


Huntlis  and  Errollis  Band  of  Freindschip.     17  September  1589, 278 

Band  of  Seruice  Androw  Hering  to  the  Erie  of  Erroll  and  his  airis. 

5  February  1601,...,... 280 

Band  of  Service  Laird  of  Craighall  to  my  Lord  Erie  of  Erroll.     15 

November  1603, „___ 


281 


XLL 


Offers  for  the  pairt  of  Patrik  Campbell  of  Kethick  to  the  noble  and 
michtie  Lord  Francis  Erie  of  Erroll  etc.  and  to  Androw  Hay  of 
Gowrdie  for  himself  his  brether  kin  and  freindis.     13  July  1604, 282 

Band  Clan  Donachie  to  their  Cheiff.     19  May  1612, 283 


III.   Letters  : — 

I.     The  Earl  of  Huntly  to  the  Earl  Marischal, 285 

II.     The  just  oopie  of  the   lettre  direct  fra  the  Erie  of  Erroll  to  the 

Erie  of  Marschell  the  17  day  of  September  1600, 286 

III.  Yowng  Frendrawcht  his  lettre  to  the  Laird  of  Balquhyne, 2S7 

IV.  The  Laird  of  Drwm  and  Yowng  Frendracht  thair  letter  to  Balquhine 


Cxlii  CONTENTS. 

PAGE 

of  the  tent  of  Julij  1602  conserning  the  Erllis  of  Erroll  and  Mer- 

shall, 288 

V.     The  Laird  Drum  his  answer  to  my  Lord  of  ErroUis  lettre  concern. 
ing  the  submissiones  betuix  the  Erlis  of  Merscheall  and  Erroll  and 

Ludquharne.     11  July  1602, . 289 

VI.     The  Copie  of  the  Laird  of  The  Craigis  Lettre  to  my  Lord  Erroll, 292 

VII.     A   Person  Unknown   to  John  twelfth   Earl  of  Erroll.     Edinburgh, 

June,  1683, 292 

VIII.     J.  Hay  to  Lady  Anne  Drummond,   Countess  of  Erroll.     Edinburgh, 

19  September,  1688, 293 

IX.     William  Hay  to  the  Countess  of  Erroll.  .\berdeen,20  November,  1688,  294 

X.     J.   Hay  to  the  Countess  of  Erroll.     Leith,  12  December,  1688, 295 

XI.     J.  Hay  to  John  twelfth  Earl  of  Erroll.     Edinburgh,  3  April,  1689, 296 

XII.     Conne  to  John  twelfth  Earl  of  En-oU.     Paris,  26  October,  1690,  298 

XIII.  J.    Hay   to  the    Countess  of   Erroll.      Edinburgh,    20    September, 

1693, 299 

XIV.  Sir  Samuel  Forbes  of  Foveran  to  John  twelfth  Earl  of  Erroll.     Sa- 

XV.     Robert  Douglas  Bishop  of  Dunblane  to  John   Earl  of   Erroll.     26 

August,  1701, 301 

XVI.     Andrew  Fletcher  of  Saltoun  to  Charles  thirteenth  Earl  of  Erroll  , 302 

IV.   Charters  and  Miscellaneous  Papers.     1188 — 1633. 

I.     Carta  Regis  Willelmi  concedens  Herol  Willelmo  de  Haia.     1 177-1 188,  303 
II.     Rex  Willelmus  dat   Willelmo  de    Haia  unum   plenarium  thoftum  in 

burgo  suo  de  Forfar.     1189-1197, 303 

III.  Rex   Willelmus  confirmat  donacionem  de  Edirpoles  quam  Willelmus 

de  Haya  fecit  monachis  de  Cupre.     1189-1199, 304 

IV.  Carta  Regis  Willelmi  de  Herol  David  de  Haia  filio  Willelmi  de  Haia 

concessa.     1189-1196, 304 

V.     Carta  Regis   Alexandri  de    Herol   eidem   David  de   Haya  concessa. 

VI.  Rex  Alexander  confirmat  composicionem  inter  Willelmum  episcopum 
S.  Andree  et  David  de  Haya  super  terra  de  Ecclesdouenauin  et 
jure  patronatus  ecclesie  de  Erol.     1214-1226, . —  306 


CONTENTS.  cxliii 

PAGE 

VII.     Dauid  de   Haya   dat  monachis  de    Cupre  unum  rete  et  unum  chair 
super  aquam  de  Thai  cum  heremitagio  et  tribus  acris  terre.    1214- 

1250, SOV 

VIII.     Rex  Alexander  confirmat  donacionem  de  Drunlav  quam   Willelmus 

conies  de  Mar  fecit  Gilberto  de  Haya.     1251, — ___„_. 307 

IX.  Conuencio  inter  Radulfum  abbatem  de  Sancta  Cruce  et  dominum 
Gilbertum  de   Haya  militem  super  terra  in  villa  de  Egclisbanyn. 

1258, ^08 

X.     Johannes  de  Inchesirych  dat  Domino  Gilberto  de  Haya  totum  jus 

suum  et  dominium  in  terra  de  Rosinclerach.     1250-1275, 308 

XI.     Rogerus  filius  Baudrys  vendit  domino  suo  Nicholao  de  Haya  particu- 

1am  terre  in  territorio  de  Achemor.     ante  1273, 309 

XII.     Johannes  de  Hynches  dat  domino   Nichol  de  Haya  terram  suam  de 

Galluflat  quam  tenuit  de  dicto  domino  Nichol.     circa  1274, 310 

XIII.     Emma  filia  Roberti  Byboyis  dat  domino  Nicholao  de  Haya  domino  de 

Eroll  partem  suam  terre  de  Monyecky.     1274-1298, 310 

XIV.  Willelmus  de  Fentoun  miles  dat  domino  Nichol  de  Haya  domino  de 
Erol  duos  toftos  et  duas  acras  terre  cum  uno  rete  super  Tay  apud 

Inchesyrech  et  annuo  reditu   xxij  solid.     1274-1298, 311 

XV.     Malcolmus  de  Kinspinedy  dat  Domino  Nicholao  de  Haya  militi  domino 

de  Erole  terram  de  Kynspinedy.     1279-1298, 312 

XVI.     Carta  Douenaldi  comitis  de   Marr  de  terra  in  tenemento  de  Dorlaw 

domino  Nicholao  de  Haya  concessa.     1272-1294, 312 

XVII.  Rex  Johannes  concedit  Nicholao  de  Haia  militi  ut  habeat  terras  suas 

de  Erol  Inchesirech  Kinspinedi  Dronlawe  Pethponti  Gaskingrai  et 
Fossewy  in  liberam  warrenam.     1294, —  313 

XVIII.  Mandatum    Johannis    Cumyn    comitis    de    Buchan    et   Constabularii 

Scocie  balliuo  suo  de  Heryoth  pro  saysina  xx  lib.  terre  de  Rasaw 

domino  Nicholao  de  Haya  domino  de  Erol  facienda.     1296, 314 

XIX.  Dauid  de  Inchesyrech  quietum  clamat  domino  Nicholao  de  Haya  do- 
mino de  Erol  totum  jus  suum  in  tenemento  de  Rossyclerach.    circa 

1300, 314 

XX.  Conuencio  de  certis  debitis  recuperandis  inter  dominum  Nicholaum 
de  Haya  dominum  de  Eroll  et  VPillelmum  dictum  Aid  burgensem  de 
Perth.      1302, 315 


cxliv 


CONTENTS. 


PAGE 

XXI.     Rex  Robertas  concedit  Gilberto  de  Haia  militi  Constabulario  Scocie 
ut  valeat  condere   testamentum  suum  de  releuio  omnium  terrarum 

suarum  Regem  contingente.     1319, 316 

XXII.     Carta  Johannis   Prioris  S.  Andree  de   Rossiclerauht  domino  Gilberto 

de  Haya  filio  Nicholai  de  Haya  concessa.     1302-1328, 317 

XXIII.  Carta  W.  Prioris  de  Sancto  Andrea  de  Rossyn  clerahc  Jacobo  de 

Pert  concessa.     1177-1188, 318 

XXIV.  Confirmatio  Regis  Willelmi  ejusdem  concessionis.    1177-1188, 318 

XXV.     Conuencio  inter   Simonem  abbatem  Sancti  Crucis  de   Edynburgh  et 

dominum   Gilbertum  de  Haya  dominum   de  Erole  super  tofto  et 

crofto  in  villa  de  Glesbany.     1320, 319 

XXVI.  Murdacus  Senescalli  Dominus  de  Abthane  Justiciarius  ex  parte 
boreali  aque  de  Forth  testificatur  quod  in  plena  curia  itineris  justi- 
ciarie  per  assissam  compertum  fuit  quod  dominus  Thomas  de  Haya 
Constabularius  Scocie  est  legitimus  et  propinquior  heres  quondam 
domini  Johannis  de  Keth  militis  aui  sui.     1-'^9f',  ,   .        , .    u  320 

XXVII.  Carta  Roberti  ducis  Albanie  ac  regni  Scotie  gubernatoris  concedens 
baroniam  de  Cowie  Willelmo  de  Haya  de  Erole  Constabulario 
Scotie.     1415, 321 

XXVIIl.  Carta  Willelmi  de  Haia  militis  Constabularii  Scocie  et  domini  de 
ErroUe  concedens  omnes  terras  suas  de  Ury  cum  molendino  ejusdem 

filio  suo  Willelmo  de  Haia.     1430, 322 

XXIX.     Litera  Regis  Jacobi  Willelmo  comite  de  Erole.      1439, 323 

XXX.     Carta  Valteri  de   Ogilby  de   Ouress  concedens    terras  de  Fordovy 

Lytil  Kethykete.  Willelmo   comite  de  Erole.     1439, 323 

XXXI.  Obligation  by  Friar  James  Lyndessay  Vicar-General  of  the  Friars 
Minor  in   Scotland  to  the   Lady  Betreche  of  Douglas  Countess  of 

Erroll.     12  March,  1482, 324 

XXXII.  Indenture  between  the  Lady  Betreche  of  Douglas  Countess  of  Erroll 
and  Friar  James  Lyndessay  Vicar- General  of  the  Friars  Minor  in 
Scotland  and  the  Warden  and  Convent  of  their  place  at  Dundee. 
5  November,  1482, 323 

XXXIII.  Confirmation  of  the  preceding  Indenture  by  the  Minister  Principal 
and  the  Wardens  and  Chapter  of  the  Friars  Minors  of  Scotland. 
11  July,  1490, 


CONTENTS. 


cxlv 


XXXIV.     Instrument  by  Francis  and   Mary  King  and  Queen  of  Scots  consti- 
tuting George  seventh  Earl  of  ErroU  their  Lieutenant  between  the 

Water  of  Erne  and  the  North  Water.     2  July,  1559, 328 

XXXV.     Instrumentum  Reclamacionis  Domini  de  ErroU  contra  fratres  suos. 

16  August,  1576, 330 

XXXVI.     The  Erll  of  ErroUis  Answer  to  the  King, 333 

XXXVII.     Answeris  to  the  Kings  Maiestie  by  Andro  Erll  of  Erroll.     1582, 336 

XXXVIII.     Gift  of  the  escheat  of  the  lands  and  effects  of  Andro  Erl  of  Erroll 

to  the  Clerk  Register.     5  July  1583, 339 

XXXIX.     Resolutions  concerning  Andrew  eighth  Earl  of   Erroll  presented  to 

the  King.     15  January  1584, 340 

XL.     My  Lord  off  Erie  of  Errolis  Testament  and  Letter  Will.     1  March 

1584, , 342 

XLI.     The  Testimoniall  of  my  Lordis  declaratioun    vpon  his    conscience 
concerning  his  evidentis  of  the  leving  of  Erole  and  vther  thingis. 

XLII.     Licence  by  King  James  VI.  to  Francis  ninth  Earl  of  Erroll.     Leith 

22  October  1589, 345 

XL  III.     Letter  from  the   Privy  Council  to  William  tenth  Earl  of  Erroll.     18 

May  1633, 346 

XLIV.     The  Coppy  of  the  Tabill  quhilk  ves  at  Cowper  of  al  the  Erles  of 

Erroll  quhilk  ver  buryd  in  the  Abbey  Kirk  thair, 347 


XIII.     PAPERS   BY  THOMAS    INNES,    Principal  of  the    Scots  College 

AT  Pakis,  and  DOCUMENTS  connected  with  his   Family, 351 

I.     Coppy  of  Mr.  Thomas  Innes's  letter  to  the  King  (the  Chevalier  de 

St.  George).     Paris,  17  October,  1729, 353 

II.  Three  Articles  copied  out  of  the  Bishop  of  Rochester's  letters  to 
Mr.  Daniel  Williams,  relating  to  Mr.  Innes'  Critical  Essay. 
1730-1732. 357 

III.  Remarks  on  a  charter  of  Prince  Henry,  Son  of  David  I.     By  Thomas 

IV.  Of  tlie  Salisbury  Liturgy  used  in  Scotland.     By  Thomas  Innes, 364 

V.     Copy  Letter  from  the  University  of  Glasgow  to  the  superiours  of  the 

Scots  College  at  Paris.     Dated  May  1,  old  style,  1738, .  367 


Cxlvi  CONTENTS. 

PAGE 

VI.     Answer  to  the  above  letter  by  Mr.  Thomas  Innes, 368 

VII.     Answer  by  the  Scots  College  of  Paris  to  the  University  of  Glasgow. 

October  22,  1738, 372 

VIII.     Letter  from  James  Innes  of  Drumgask  to  his  son   Mr.  Lewis  Innes. 

Drumgask,  7  May,  1683, 375 

IX.     Admission  of  Mr.  Lewis  Innes  as  Almoner  in  Ordinary  to  the  Queen 

Mother  (Maria  D'Este).     11  November,  1701, 376 

X.     The  King  (the  Chevalier  de  St.  George)  to  Charles   Innes  of  Drum- 
gask.    St.  Germains,  26  April,  1711, 376 

XI.     Admission  of  Mr.  Lewis  Innes  as  Almoner  to  the  King  (the  Cheva- 
lier de  St.  George).     23  December,  1713, 377 

XII.     Appointment  of  Mr.  Lewis  Innes  as  Almoner  to  the  King  (the  Che- 

lier  de  St.  George).     Bar-le-Duc,  17  March,  1714, 377 

XIII.  The  King  (the  Chevalier  de   St.  George)  to  Mr.  Innes.     Rome,  30 

XIV.  The  King  (the  Chevalier  de    St.   George)  to   Mr.    Thomas  Innes. 

Rome,  25  February,  1738, __„ __. 379 

XV.     The  King  (Prince  Charles  Edward)  to  Mr.  Henry  Innes.      Florence, 

18  July,  1777, 379 

XVI.     The  King  (Prince  Charles  Edward)  to  Mr.  Henry  Innes.      Florence, 

13  February,  1778, 380 

XVII.     La  Duchesse  de  Albanie.     Rome,  18  April,  1787, 380 

XIV.  THE  ORDER  of  COMBATS  for  LIFE  in  SCOTLAND, 381 

XV.  MEMOIR  OF  JOHN  SECOND  EARL  of  PERTH, 391 

XVI.  BULLA   URBANI    IV.    PRIORI    et    FRATRIBUS    MONASTERII 

VALLIS    S.   ANDREE   de    PLUSKARDYN    CONCESSA.     A.D. 
M.CC.LXIII 40) 


I. 

LETTERS 


SIMON  LORD  LOVAT  TO  HIS  KINSMAN 
IN  ABERDEENSHIRE. 


M.DCC.XL— XLV. 


LETTERS  FROM  SIMON  LORD  LOVAT. 

M.DCC.XL— XLV. 


FROM  SIMON  LORD  LOVAT. 

My  Dear  [  ], 

I  was  truly  more  concernd  than  I  can  express  in  parting 
with  you.  It  was  the  effect  of  natural  affection,  and  I  canot  help  it.  I 
pray  God  may  preserve  you  in  health  and  strenth,  till  we  see  better  tymes, 
which,  I  hope  in  God,  will  soon  happen,  otherwayes  I  most  be  overwhelmd, 
for  my  persecution  begins  to  be  very  smart,  by  the  villanous  lyes  and 
calumnys  of  that  ungratful  knight  of  the  post,  Castle  Ladders.  My  Lord 
flay  is  gone  into  measures,  as  that  villain  asserts,  to  ruin  my  person  and 
ffaraily,  and  to  make  a  slavish  commonwealth  of  my  kindred.  This  is 
pushing  violence  to  the  last  point.  I  see  plainly  the  design  is  to  put  me  in 
prison  upon  the  first  accompt  of  an  invasion,  and  then  to  make  a  battallion 
of  my  name  for  the  government  commanded  by  the  two  idiots,  Struy 
and  Foyers,  and  exclude  the  Lord  Lovat,  and  all  the  heirs  male  of  his 
family.  If  this  be  a  good  reward  for  my  attachment  to  the  family  of 
Argyle,  and  to  my  Lord  Eay  in  particular,  you  may  judge.  However, 
I  have  nothing  ado  at  present  but  to  keep  quiet,  and  let  you  see  their 
folly  in  the  end,  for  I  do  assure  you  that  those  very  unatural  gentilmen 
canot  get  twenty  to  follow  them  against  me.  If  sickness  or  infirmity  did 
so  much  afflict  me  that  I  could  not  lead  my  kindred,  I  am  very  sure 
that  all  of  them  would  follow  you  as  they  would  do  me,  for  the  good  of 
their  country  ;  so,  my  dear  [  ],  this  hellish  contrivance  stricks  at 

me,  and  at  you,  and  at  all  the  Erasers  who  love  our  family.     I  hope  you 
will  have  a  just  ressentraent  of  it,   and  impress  my  son   with  it  when  he 


4  THE    SPALDING    CLUB    MISCELLANY.  [1740. 

comes  to  age.     I  offer  you  [  ]  and  his  beams  my  affec- 

tionat  respect.  I  beg  you  may  not  drink  too  much  at  Inverness.  Your 
too  good  nature  and  comaradship  gives  me  great  pain.  My  cusin,  William 
[  ]   will  tell  you  all  this  story ;  and  you  will  have  Dulcraig  and 

Boyerfield  with  you  this  night,  who  will  further  inform  you.     I  beg  to  have 
a  letter  from  you  before  you  leave  your  sisters  house.     And  believe  that  I 
am,  more  than  any  man  on  earth,  with  unalterable  love  and  respect. 
My  Dear  [  ], 

Your  most  affectionate  cusin, 

most  obedient  and  most 

faithfull  humble  servant, 
Beaufort,  the  21st  Lovat. 

of  March,  1740. 


FROM  SIMON  LORD  LOVAT. 

My  Dear  [  ], 

I  hope  and  wish  that  this  may  find  you,  and  the  good  lady 
[  ],   and  all  your  lovly  family,  particularly  your  eldest  son,   in 

perfect  health  ;  and  I  sincerely  assure  you,  and  the  good  lady  [  ], 

and  all  your  lovly  children,  of  my  most  affectionate  humble  duty  and 
kindest  respects.  Having  received  before  I  came  from  home  very 
pressing  letters  from  your  cousin  and  mine,  my  Lord  Grange,  and  from 
Mr.  M'Farlane  my  doer,  to  come  south  immediatly,  and  sign  the  entail 
of  my  estate,  which  my  Lord  Grange  has  laboured  these  three  years  past ; 
and  he  says  himself  now,  that  he  beUeves  it  is  one  of  the  best  entails  in 
Scotland  ;  as  long  as  there  is  a  shilling  remaining  of  the  estate,  it  must 
go  to  the  heir  male.  My  Lord  Grange  having  writt  to  me  that  this 
was  the  most  essentiall  action  of  ray  life  for  the  preservation  of  my  family, 
I  could  not  stand  his  call,  so  I  took  journey  from  my  own  house  to  come 
up  here,  the  30th  of  JuUy,  with  both  my  daughters  ;  but  if  I  was  as  much 
an  observer  of  freits  as  I  used  to  be,  I  would  not  have  taken  journey.  For 
two  days  before  I  came  away,  one  of  my  coach  mares,  as  she  was  steping 
in  to  the  park,  dropd  down  dead  as  if  she  had  been  shot  with  a  cannon  ball. 


1740.]  LETTERS    FROM    LORD    LOVAT.  5 

The  next  day,  when  I  went  to  bid  farewell  to  Dunballochs  family,  and  Ach- 
nagairns,  one  of  the  hind  wheels  of  my  chariot  broke  in  pieces.  That  kept 
me  two  days  to  get  new  wheels ;  and  a  greater  misfortune  than  either  of 
them  happened  to  me  at  the  sametime.  My  chamberlain,  John  Fraser, 
that  I  sent  to  Aplecross  about  the  purchase  of  the  lands  of  Tarradale  and 
Ridowne,  coming  back  from  that  part,  broke  his  leg  on  the  plain  road, 
which  is  a  vast  loss  to  me  to  this  hour,  for  he  is  not  yet  able  to  go  abroad, 
though  the  whole  aifairs  of  my  countrey  be  entrusted  to  him.  I  came  oft' 
on  Wednesday  the  thirtieth  of  JuUy  from  my  own  house,  dind  at  your  sis- 
ters, and  did  not  halt  at  Inverness,  but  came  all  night  to  Corribrough,  with 
Evan  Baillie  and  Duncan  Fraser,  and  my  chariot  did  very  well.  I  brought 
my  wheel-wright  with  me  the  length  of  Avimore,  in  case  of  accidents,  and 
there  I  parted  with  him,  because  he  declard  that  my  chariot  woud  go  safe 
enough  to  London  ;  but  I  was  not  eight  miles  from  the  place,  when  on  the 
plain  road,  the  axletree  of  the  hind  wheels  broke  in  two,  so  that  my  girles 
were  forced  to  go  on  bare  horses  behind  footmen,  and  I  was  oblidged  to 
ryde  myself,  though  I  was  very  tender,  and  the  day  very  cold.  I  came 
with  that  equipage  to  Ruthven  late  at  night,  and  my  chariot  was  pulld  there 
by  force  of  men,  where  I  got  an  English  wheel-wright,  and  a  smith,  who 
wrought  two  days  mending  my  chariot ;  and  after  paying  very  dear  for  their 
work,  and  for  my  quarters  two  nights,  I  was  not  gone  four  miles  from  Ruth 
vin,  when  it  broke  again,  so  that  I  was  in  a  miserable  condition  tiU  I  came 
to  Dalnakeardach,  where  my  honest  landlord,  Charles  M'Glassian,  told  me 
that  the  Duke  of  Athole  had  two  as  good  workmen  at  Blaire  as  were  in  the 
kingdom,  and  that  I  would  get  my  chariot  as  well  mended  there  as  at  Lon- 
don. Accordingly  I  went  there,  and  stayd  a  night,  and  got  my  chariot 
very  well  mended  by  a  good  wright  and  good  smith.  I  thought  then  I  was 
pretty  secure  till  I  came  to  this  place.  I  was  storm  stayd  two  days  at  Castle 
Drummond,  by  the  most  tempestuous  weather  of  wiud  and  rain  that  I  ever 
remember  to  see.  The  Dutches  of  Perth  and  Lady  Mary  Drummond  were 
excessively  kind  and  civil  to  my  daughters,  and  to  me,  and  sent  their  cham- 
berlaine  to  conduct  me  to  Dunblaine,  who  happened  to  be  very  usefuU  to  us 
that  day ;  for  I  was  not  three  mUes  gone  from  Castle  Drummond,  when  the 
axletree  of  my  fore  wheels  broke  in  two,  in  the  midst  of  the  hill,  betwixt 
Drummond  and  the  Bridge  of  Erdoch,  and  we  were  forcd  to  sit  in  the  hill 
with  a  boisterous  day  till  chamberlain  Drummond  was  so  kind  as  to  go 
down  to  the  Strath  and  bring  wrights,  and  carts,  and  smiths,  to  our  assist- 


6  THE    SPALDING   CLUB    MISCELLANY.  [1740. 

ance,  who  dragged  us  to  the  plain,  where  we  were  forcd  to  stay  five  or  six 
hours  till  there  was  a  new  axletree  made,  so  that  it  was  dark  night  before 
we  came  to  Dunblaine,  which  is  but  eight  miles  from  Castle  Drummond,  and 
we  were  aU  much  fatigud.  The  next  day  we  came  to  Lithgow,  and  the 
day  after  that  we  arrived  here,  so  that  we  were  twelve  days  on  our  journey 
by  our  misfortunes,  which  was  seven  days  more  than  ordinary  ;  and  I  bless 
God  we  were  all  in  pretty  good  health,  and  I  found  my  son  in  good  health 
and  much  improvn.  I  went  the  next  day  to  wait  on  my  worthy  friend, 
Generall  Guest,  who  was  mighty  kind,  and  offerd  me  his  chariot  to  go  and 
wait  on  the  Duke  of  Argyle  to  his  countrey  house  as  oft  as  I  pleased.  I 
accepted  of  his  compliment,  and  went  and  waited  on  the  Duke  at  his  coun- 
trey house,  which  is  two  mUes  from  Leith.  He  received  me  very  graciously, 
and  embraced  me  after  his  ordinary  manner.  I  was  very  merry  with  him 
about  my  breaking,  etc.,  and  I  made  him  laugh  most  heartily.  There  is  one 
Doctor  Charles  Stewart  with  him,  who  traveUd  with  the  Duke  of  Shandouis 
children,  he  has  been  my  friend  for  many  years.  The  Duke  out  of  joke 
woud  fain  have  put  us  by  the  ears,  because  he  said  we  were  both  Jacubites, 
and  that  he  woud  learn  something  by  our  quarrel.  I  told  him  that  the 
Doctor  and  I  knew  one  another  too  well  to  be  bit  that  way.  He  told  me, 
laughing  very  heartily,  that  was  confession  enough.  I  told  the  Duke  that 
the  Doctor  was  the  happiest  man  in  the  world  ;  that  he  allways  was  a  Ja- 
cubite,  that  he  is  a  Jacubite,  and  that  he  allways  will  be  a  Jacubite  while  he 
lives ;  and  yet  that  he  is  a  favourite  with  all  the  great  men  of  the  Court, 
and  of  the  Government,  and  if  a  lying  scunderall  said  that  my  Lord  Lovat 
was  a  Jacubite,  he  was  persecuted  for  it  without  any  more  enquiry.  This 
made  the  Duke  and  the  Doctor  laugh  heartily.  The  Duke  told  all  the  next 
day  to  my  Lord  Glenurchy,  who  told  it  to  my  Lord  Ilay.  When  I  waited 
on  my  Lord  Day  in  a  day  or  two  thereafter,  he  embraced  me  very  kindly, 
and  severall  jokes  pass'd  about  Doctor  Stewart.  The  Earle  said  at  last, 
Lovat,  they  tell  me  that  you  had  the  better  of  the  Doctor,  how  did  you  at- 
tack him  ?  By  this  question  I  thought  my  Lord  laid  himself  very  open,  con- 
sidering the  countenance  he  gave  to  the  villainous  informers  against  me. 
So  I  answerd  him,  that  all  that  I  said  to  the  Doctor  was,  that  the 
Doctor  was  a  very  lucky  man,  and  that  every  man  that  knew  him,  was 
perswaded  that  he  allways  was  a  Jacubite,  and  that  he  is  a  Jacubite, 
and  that  he  will  remain  a  Jacubite  while  he  lives,  and  yet  that  he  is  a 
favourite  with  all  the  great  men  in   Court  and  in  the  Government,  and 


1740.]  LETTERS    FROM    LORD    LOVAT.  7 

that  if  a  lying,  pitiful!  scunderall  say  that  my  Lord  Lovat  is  a  Jacubite, 
he  is  pserecuted  for  it.  The  Earle  blushd  much  and  lookd  down;  I 
suppose  that  Castleelders  came  in  his  mind.  I  was  severall  days  there, 
and  saw  him  take  in  a  great  many  people  to  his  closet,  one  after  another, 
but  he  never  calld  me,  so  when  the  levy  began  to  grow  thin,  I  went 
off  without  saying  anything.  At  last,  about  a  fortnight  agoe,  he  took 
me  by  the  sleave,  and  bid  me  go  and  speak  to  him  in  his  closet ;  so  when  I 
went  in  he  bid  me  sit  down,  and  he  sat  closs  by  me,  and,  indeed,  our  con- 
versation lasted  an  hour  and  an  half;  so  that  before  I  came  out,  all  his  levy 
went  off,  except  one  or  two.  The  whole  discourse  consisted  of  two 
branches.  The  first  was  a  vindication  of  himself,  that  he  had  no  hand  in 
breaking  of  me  ;  that  it  was  Generall  Wade  that  did  it.  Then  he  told  me 
that  severall  Englishmen  did  solicite  for  Sir  Robert  Munro  to  be  Lieutenant- 
Collonell  to  Crawfords  regiment.  I  told  his  Lordship,  that  it  was  needless  to 
make  any  apology  to  me  for  'that,  because  I  woud  not  be  Lieutenant-CoUonell 
to  any  regiment  that  the  King  had.  Then  I  went  over  a  vast  many  faith- 
full  services  that  I  had  done  his  Lordship,  when  he  trusted  me  more  than 
he  did  any  Scotsman,  and  that  I  was  as  faithfull  to  him  as  his  own  heart, 
when  many  of  his  favourites,  and  those  that  owd  him  signall  obligations,  be- 
trayd  and  deserted  him,  Meeldletowns,  Campbells,  etc.  That  he  coud  not 
say  but  I  allways  continued  the  same  faithfull  servant  to  his  brother  and  to 
him,  without  alteration,  from  the  first  hour  to  this,  and  never  swerv'd  to  the 
right  or  to  the  left  from  their  interest.  His  Lordship  was  so  good  as  to 
own  that  all  that  I  said  was  true.  I  then  told  him  that,  after  what  I  had 
said,  his  Lordship  coud  not  imagine  that  I  woud  believe  that  ever  he  coud 
be  capable  of  doing  me  hurt  in  any  shape.  He  then  came  to  the  second 
branch  of  his  discourse,  which  was,  to  accuse  me  of  being  a  Jacubite,  which 
he  did  in  the  strongest  terms  for  a  very  long  time.  He  said  that  my  house 
was  a  Jacubite  house ;  that  the  discourse  of  those  in  my  house  was  Jacu- 
bitism,  and  that  I  convers'd  with  no  body  but  with  Jacubites.  He  ownd  to 
me  that  the  villain  Castleelders  told  him  the  strongest  things  upon  this  sub- 
ject ;  I  answered  his  Lordship,  that  Castleelders  was  such  a  known  lyar  and 
rogue  in  the  countrey,  that  no  honest  man  would  drink  with  him.  His 
Lordship  told  me  that  the  Jacubites  themselves  said  openly  that  I  was  a 
Jacubite ;  I  answered  him,  that  the  Jacubites  had  reason  to  call  every  man 
a  Jacubite,  that  they  might  endeavour  to  draw  him  to  their  party.  He  then 
told  me  that  the  first  Minister  had  intelligence  from  abroad  of  my  corres- 
pondence with    the  Pretender;    I   answered  his   Lordship,   with    a   little 


8  THE    SPALDING    CLUB    MISCELLANY.  [1740. 

warmth,  that  those  stories  were  but  damnd  calumnies  and  lyes,  and  that  I 
did  not  for  many  years  write  a  letter  to  any  person  beyond  sea,  which,  in- 
deed, is  true ;  and  I  told  him  plainly,  that  Sir  Robert  Walpole  had  greater 
reason  to  be  a  Jacubite  than  I  had,  and  my  reasons  were  good  for  saying 
so ;  that  I  bless  God  I  have  the  best  estate  in  the  shire  of  Inverness, 
where  I  and  my  kindred  live,  and  that  estate  is  as  dear  to  me  as  Sir  Robert 
Walpoles  immense  riches  are  to  him ;  and  that,  besides  my  estate,  I  had 
the  honour  to  have  the  noblemen  and  best  gentlemen  in  that  part  of  the 
north  of  Scotland  my  pretty  near  relations ;  and  I  had,  what  I  esteemd 
more  than  that,  the  love  of  all  my  neighbours,  and  of  all  the  countrey, 
which  I  believe  was  not  the  case  with  Sir  Robert.  My  Lord  seemd  to  give 
good  attention  to  what  I  said,  and  was  so  kind,  at  last,  as  to  tell  that,  even 
if  I  was  a  Jacubite,  he  woud  do  what  he  coud  for  me  ;  I  thankd  his  Lord- 
ship, and,  after  a  little  more  discourse  upon  that  subject,  I  came  away. 
His  Lordship  did  not  say  one  word  of  politicks  to  me,  nor  I  to  him,  and  I 
had  no  audience  of  him  since.  I  have  been  severall  times  with  the  Duke  of 
Argyle  before  I  fell  indisposd,  and  I  own  that  his  charming  way  with  his 
friends  and  acquaintances,  and  indeed  with  all  mankind,  gains  the  hearts  of 
all  those  who  see  him  ;  and  I  own  frankly  to  you,  for  my  own  part,  that  I 
w  oud  rather  serve  that  worthy  great  man  without  fee  or  reward  than  others 
with  fee  and  reward.  He  certainly  is  one  of  the  finest  gentlemen  now  in 
the  world.  He  has  a  vast  friendship  for  Sir  Arthur  Forbes,  and  he  desird 
me  to  write  to  any  friends  that  I  had  in  that  shireW  to  do  what  service  they 
coud  to  Sir  Arthur.  I  spoke  to  my  cousin,  my  Lord  Strichen,  but  as  he 
lys  under  great  obligations  to  ray  Lord  Hay,  he  must  necessarly  give  him 
his  vote  ;  but,  as  I  was  arguing  with  him  upon  the  head,  he  promis'd  faith- 
fully that  he  woud  not  solicite  one  single  man  against  Sir  Arthur.  And 
now,  my  dear  [  ],  since  you  are  the  only  man  in  Aberdeens  shire 

that  I  can  most  depend  upon,  and  that  your  brother,  [  ],  is  not  in 

the  play,  I  earnestly  intreat  that  youle  not  only  give  your  vote  for  Sir 
Arthur,  but  that  youle  go  about  and  solicite  for  him,  and  ryde  for  him, 
among  your  ifriends ;  I  promis'd  to  the  Duke  of  Argyle  that  you  woud 
do  this  upon  my  account,  and  I  am  very  certain  that  you  will  not  make  me 
forfeit  my  promise. 

I  must  now  tell  you,   my  dear  [  ],  the  mellancholly  part  of  my 


(1)  [Aberdeenshire — which  Sir  Artliur  Forbes  of  Craigievar  represented  in  three  Parlia- 
ments, 1727—1747.] 


1740.]  LETTERS    FROM    LORD    LOVAT.  9 

history  since  I  came  to  Edinburgh.  Five  or  six  days  after  I  came  here,  I 
contracted  a  great  pain  and  weakness  in  my  knees  and  limbs,  which  I  believd 
was  occasiond  by  my  sitting  for  eight  or  nine  months  in  my  armd  chair  at 
home,  without  going  abroad  to  take  exercise.  Doctor  Clerk  advis'd  me  to 
make  use  of  the  cold  bath  for  my  knees  and  legs,  which  I  continued  to  do 
for  a  fortnight.  But  that  was  not  the  only  ailment  I  had  since  I  came 
here  ;  for  having  gone,  on  Sunday  the  seventh  of  this  month,  without  a  big 
coat,  to  the  old  kirk  (which  is  one  of  the  coldest  kirks  in  Edinburgh)  to 
hear  Mr.  Patrick  Cummings  sermon,  I  catchd  such  a  violent  [cold]  that 
has  almost  already  cost  me  ray  life ;  for  Munday  and  Tuesday  thereafter  I 
had  such  a  violent  cough,  without  a  minutes  intermission,  that  rent  my 
head  and  bowels  to  pieces ;  and  I  am  perswaded  no  man  ever  had  such  a 
violent  cough,  without  half  a  minutes  intermission,  as  I  had  on  Munday, 
from  morning  till  eight  o'clock  at  night ;  and  if  it  had  continued  all  that 
night,  I  am  perswaded  I  had  dyed  of  it.  But  Doctor  Clerk  gave  me 
some  drugg  that  stopt  the  violence  of  it,  and  I  got  some  sleep  all  night, 
and  had  but  four  or  five  fits  of  the  cough.  It  is  exactly  like  the  chin- 
cough  that  children  have,  but  it  comes  with  such  violence  that  it  rents  my 
head  and  bodie  to  pieces.  However,  I  hope  the  worst  is  over.  The 
Doctor  thinks  there  is  no  danger  in  it,  but  that  it  will  be  troublesome  for 
sometime,  I  have  taken  rheubarb  and  my  ordinary  vomits  severall  times  for 
it,  and,  I  bless  God,  my  cough  is  not  so  frequent  as  it  was. 

My  son  went,  Thursday  last  was  se'nnight,  to  convey  his  aunt,  the  Lady 
Scatwell,  to  Leith,  and  he  catched  so  much  cold  that  he  contracted  the 
measles,  and  conceald  it  for  four  days ;  but,  I  bless  God,  he  is  now  re- 
covered ;  and  my  daughters  are  in  very  good  health. 

I  shall  let  you  know  from  time  to  time  what  passes  here,  but  your  damnd 
Aberdeen  post  is  so  very  uncertain,  that  there  cannot  be  an  exact  corres- 
pondence keept  with  any  man  in  your  countrey,  except  with  the  merchants 
that  live  in  Aberdeen.  I  shall  long  much  to  have  the  honour  and  pleasure 
to  hear  from  you,  and  I  am,  more  than  I  can  express,  with  unalterable 
attachment  and  respect, 

My  dear  [  ], 

Your  most  affectionate  Cousin, 

most  obedient  and  most  faithfuU 
Edinburgh,  Ilth  humble  servant, 

of  September,  1740.  Lovat. 


10  THE    SPALDING    CLfB    MISCELLANY.  [1741. 


FROM  SIMON  LORD  LOVAT. 

My  Dear  Cousin, 

I  had  the  honour  and  great  pleasure  of  your  letter  of  the 
9th  of  December.  I  am  much  vexd  that  I  cannot  find  out  a  safe  way  to 
write  to  you  my  mind  freely  once  in  the  week  or  fortnight,  for  I  have  many 
things  to  say  to  you  that  is  not  proper  or  convenient  to  trust  to  the  common 
post,  and  I  am  allways  searching  out  to  find  the  method  of  sending  my 
letters  safe  to  you.  I  send  this  under  cover  to  one  Hugh  Fraser,  writer  in 
Aberdeen,  who  is  son  to  William  Fraser  that  was  once  my  servant  in 
France,  and  was  since  Sir  Peter  Frasers  servant,  and  lives  these  many 
years  in  the  lands  of  Drum.  This  writter  in  Aberdeen  has  his  uncle  living 
in  Stratherrick,  my  tacksman,  one  Alexander  Fraser  of  Leodclune,  as 
pretty  a  sagacious  a  gentleman  for  a  Deulinach  as  is  of  his  name.  I  have 
his  eldest  son  serving  me,  who  assures  me  that  his  cousin  will  send  this 
letter  safe  to  you,  as  I  doubt  not  but  he  will.  He  serves  Mr.  Catenach, 
an  advocate  in  Aberdeen,  and  when  you  write  to  me  next,  I  beg  you  inform 
me  of  the  properest  way  to  write  to  you  in  safety.  I  am  exceeding  glad, 
my  dear  cousin,  that  you  and  your  worthy  lady,  and  my  dear  cousins  your 
lovly  children,  are  in  good  health.  Long  may  you  all  continue  so,  and  I 
sincerely  wish  with  all  my  heart  and  soul  that  you  and  they  may  live  many 
a  happy  new  year  in  perfect  health  and  in  all  manner  of  prosperity,  for 
you'le  easily  believe  that,  next  to  my  own  person  and  children,  your  person, 
and  your  ladys,  and  your  children,  are  the  dearest  to  me  of  any  in  the 
world ;  for  I  sincerely  love,  esteem,  and  regard  you,  as  if  you  was  my  born 
brother ;  and  when  I  had  no  children  of  my  own,  I  wrought  with  as  much 
pleasure,  zeall,  and  affection  to  gain  the  estate  of  Lovat  for  you  and  yours, 
as  if  you  had  been  my  own  son.  AU  the  north  of  Scotland  that  know  me 
knows  this  to  be  true ;  and  I  do  sincerely  declare  that  I  love  you  and  your 
children  as  I  do  my  own. 

I  wish  with  all  my  heart  I  had  made  you,  and  Strichen,  and  Faralane, 
barrens  two  years  agoe ;  I  would  not  be  so  much  troubled  as  I  am  now 
about  the  ellection  of  Inverness.  It  was  the  fault  of  my  damnd  lawiers 
that  it  was  not  done.     However,  I  am  resolved  that  the  Lord  Lovat  shall 


1741.]  LETTERS    FROM    LORD    LOVAT.  11 

be  allways  master  of  the  shire  of  Inverness  in  time  to  come.  I  have  signed, 
a  fortnight  agoe,  a  disposition  to  Strichen,  to  yon,  and  to  Farlane,  to  be 
barrons  of  the  shire,  and  your  charters  will  be  expede  in  February.  I 
make  you  a  barren'  in  your  beloved  country  of  Stratherrick.  I  give  you 
the  lands  that  I  bought  from  Strichen,  with  the  pretty  place  of  Erchite,  so 
that  you  will  be  calld  barren  of  Erchit.  It  is  about  £500  Scots  a  year, 
valued  rent.  I  give  Strichen  the  barrony  of  Lentran,  which  is  a  forty  shill- 
ing land  of  old  extent ;  and  I  give  Faralane  lands  of  above  £400  Scots  a 
year,  in  the  braes  of  the  Aird  and  Strathglass.  I  am  very  angry  at  you, 
my  dear  [  ]>  for  as  much  as  thinking  that   I  woud  allow  you 

to  be  at  any  expense  in  making  you  a  barren  of  a  part  of  my  estate.  I  do 
not  allow  my  Lord  Strichen  or  Faralane  to  be  at  a  farthings  expence,  and 
to  imagine  that  I  woud  allow  you,  who  is  the  true  heir  of  my  estate  and 
honours,  after  my  own  children,  is  truly  insulting  of  me,  which  I  thought 
[  ]   would  never  think   of.     If  the   debts  of  my  family  were 

paid,  you  and  your  family  would  find,  in  a  more  efFectuall  way,  how  much  I 
love  you,  and  resolve  to  support  you.  The  expence  of  making  the  three 
barrons  comes  to  about  a  hunder  and  twenty  pound,  and  when  I  pay  forty 
pound  to  my  Lord  Strichen,  and  forty  pound  for  Faralane,  it  woud  be  very 
pretty   that   I   should  suffer    [  ]   to  pay  forty  pound  for  his 

charter,  whom  I  truly  love  as  much  as  I  do  my  eldest  son. 

I  shall  cause  William  Fraser,  my  doer,  give  the  papers  to  William 
Fraser,  Belnains  son,  your  doer,  that  is  necessary  for  you  to  sign,  so  I 
salute   you    [  ],   barren  of  Erchite,  which    is   absolutely  the 

prettiest  place  in  Stratherrick ;  and  I  wish  you  and  yours  may  enjoy  it  as 
long  as  there  is  a  stone  or  tree  in  Stratherrick.  I  hope  at  the  next  ellection 
to  see  you  chosen  member  of  Parliament,  if  M'Leod  carry  this,  for  I  am 
very  certain  he  would  yield  it  to  any  of  my  relations,  for  he  is  a  most  ex- 
cellent gentleman,  full  of  honour  and  honesty,  and  one  of  the  most  af- 
fectionate relations  in  the  world. 

I  must  now  resume  some  things  of  what  I  said  to  you  of  my  politicks, 
and  if  I  repeat  any  thing  that   I  said  before,  I  hope,  [  ],  you 

wiU  excuse  me.  I  must  now  tell  you  that  when  I  came  here  I  was  not  de- 
termind  to  dispose  absolutly  of  myself  for  some  time ;  but  when  I  found 
the  Duke  of  Argyle  at  the  head  of  the  greatest  familys,  the  richest  famUys, 
and  the  most  powerful  familys  in  the  kingdom,  openly  proclaiming  and 
owning  in  the  face  of  the  sun,  that  he  and  they  were  resolved  in  any  event  to 


12  THE    SPALDING   CLUB    MISCELLANY.  [1741. 

stand  for  and  endeavour  to  recover  the  liberty  of  their  country,  which  is 
enslaved  by  the  tirrany  and  oppression  of  a  wicked  minister,  I  own  my 
heart  and  inclination  warmed  very  much  to  that  side ;  and,  on  the  other  hand, 
when  I  found  that  the  minister  for  the  Court,  the  Earle  of  Hay,  said  nothinor 
to  me  that  regarded  my  person  or  family,  but  that  the  first  minister  accusd 
me  of  being  a  Jacubite,  and  that  James  Fraser  of  Castleelders,  that  infam- 
ous lyar  and  informer,  had  told  to  himself  the  strongest  things  of  me  upon 
that  subject,  which  I  answerd  very  cavalirly,  both  as  to  the  first  minister 
and  as  to  his  lordship,  and  when  I  found  that  he  askd  nothing  of  me  nor 
promised  me  any  equivalent  for  my  company,  or  any  other  particular  favour, 
I  then  plainly  concluded  that  he  left  me  to  myself  to  do  what  I  thought  fit. 
I  then  began  to  think  more  seriously  than  ever  on  the  situation  of  my  per- 
son and  family.  I  found  that  I  was  to  expect  nothing  from  this  adminis- 
tration; and,  on  the  other  hand,  though  I  allways  lov'd  the  countrey  interest, 
and  especially  since  the  Duke  of  Argyle  declard  to  stand  by  that  interest, 
yet  I  had  great  difficultys  in  my  mind  how  to  resolve  myself  as  to  my  join- 
ing them ;  for  the  leading  men  of  them,  who  are  the  greatest  men  in  the 
kingdom,  as  the  Duke  of  Hamilton,  the  Duke  of  Montrose,  the  Duke  of 
Buccleugh,  the  Duke  of  Queensberry,  the  Duke  of  Roxbrugh,  the  Marquis 
of  Tweddale,  the  Marquis  of  Annandale,  the  Earle  of  Aberdeen,  the  Earle 
of  Marchmont,  and  many  others  of  that  party,  were  my  declard  enemies, 
some  of  them  for  my  quarrell  with  the  family  of  Athole,  others  for  my  at- 
tachment to  the  Duke  of  Argyle  and  the  Earle  of  Hay  against  the  squad- 
rony,  so  that  I  was  afraid  that  my  person  and  services  would  not  be  accept- 
able to  them.  But  I  concluded  if  I  coud  gain  their  hearts  and  friendship  by 
joining  of  them,  and  that  they  would  not  only  be  sincerly  reconciled  to  niv- 
self,  but  attachd  to  my  family  as  I  would  be  to  theirs,  I  would  make  the 
best  campaign  in  my  life,  because  it  woud  make  my  family  a  leading  family 
with  those  great  men  on  all  occasions  whatsomever  for  the  future.  Before  I 
did  execute  this  thought,  I  had  some  fears  of  the  resentment  of  the  tyranick 
ministry,  but  then  I  reflected  that  I  had  nothing  to  fear,  since  the  laws 
woud  protect  me ;  and  that  most  of  the  great  men  that  I  was  going  to  join 
were  Whigs  and  revolutioners.  So  after  many  serious  thoughts  and  mature 
deliberations,  I  resolvd  to  join  myself  to  that  great  and  noble  body  of  the 
nobility  of  Scotland,  providing  I  was  assured  that  they  would  receive  me  as 
a  faithfull  brother  and  friend.  I  had  a  most  excellent  occasion  to  try  them. 
My  cousin  and  faithfull  friend,  Mr.  Erskine  of  Grange,  who  is  a  vast  trustee 


1741.]  LETTERS    FROM    LORD    LOVAT.  13 

and  support  to  that  party,  was  in  town.  I  sent  for  him,  and  as  I  coud  speak 
to  him  without  reserve,  I  told  him  my  thoughts  and  resolutions,  and  as  he 
certainly  loves  my  person  and  family,  I  was  sure  he  woud  tell  me  his  mind 
freely,  which  he  did.  He  declared  thoroughly  to  me,  that  without  any  re- 
gard to  party  or  administration,  he  believd  in  his  conscience  that  my  re- 
solution was  the  most  wise,  the  most  prudent,  and  the  most  efFectuall  that 
ever  I  took  to  raise  my  family,  and  to  make  it  hereafter  one  of  the  leading 
familys  of  the  kingdom.  He  told  me  that  he  was  sure  those  great  men  woud 
receive  me  with  open  arms,  but  that  he  woud  go  to  them  all,  and  make  me  a 
faithfull  report  of  what  they  woud  say.  He  first  spoke  to  the  Earle  of 
Stairs,  who  allways  had  a  friendship  for  me.  He  told  my  Lord  Grange 
that  my  joining  them  was  adding  great  strength  to  their  party,  because  they 
had  none  like  me  in  that  part  of  the  north  where  I  livd.  He  then  spoke  to 
the  Duke  of  Muntrose,  who  was  overjoyed  at  the  message,  and  said  he 
woud  come  and  see  me,  but  I  was  not  in  condition  to  see  any  person,  beincr 
much  indisposed.  He  then  spoke  to  Duke  Hamiltoun,  who  hardly  first  coud 
believe  him,  but  after  he  was  convincd  of  the  truth,  he  was  excessivly  well 
pleased,  and  said  he  would  wait  upon  me,  and  assure  me  fi"om  his  own  mouth 
of  his  afl^ectionate  friendship  and  regard  ;  and  I  am  to  sup  with  his  Grace 
the  next  week.  He  then  spoke  to  the  Marquis  of  Tweeddale,  who  answered 
him  in  the  same  terms.  I  went  to  see  him,  and  he  received  me  with  open 
arms,  as  did  the  Earle  of  Stairs,  who  was  with  me  yesterday,  and  comes  to 
see  me  every  time  that  he  comes  to  town.  My  friend,  Mr.  Erskine,  will 
manage  the  Duke  of  Queensberry  and  the  Duke  of  Buccleugh,  who  are 
already  my  friends  and  relations.  I  am  now,  my  dear  cousin,  at  the  end 
of  my  project.  You  see  me  embarkd  over  head  and  ears  with  the  noble 
party  of  the  patriots,  and  you  see  me  received  with  open  arms,  even  with 
the  great  familys  that  were  my  enemies,  who  will  not  only  be  my  stedfast 
friends,  but  will  continue  for  their  own  sakes  friends  to  my  son  and  to  my 
family  ;  so  that  I  humbly  think  that,  by  Gods  help,  I  have  done  the  greatest 
service  to  my  son  and  family  that  was  possible  for  me  to  do,  which  I  hope 
will  redound  to  the  interest,  honour,  and  glory  of  my  kindred.  After  I 
found  that  those  great  men  received  me  with  open  arms,  I  thought  I  woud 
not  in  honour  go  into  their  party  with  bare  brix.  I  told  them  that  I  woud 
not  only  give  them  my  vote,  but  that  I  hopd  to  gain  them  the  shire  of  In- 
verness, by  chusing  my  cousin,  the  Laird  of  M'Leod,  as  member.  You 
see  now,  my  dear  cousin,  that  the  ellection  of  Inverness  shire  is  mine  more 


14  THE    SPALDING   CLUB    MISCELLANY.  [1741. 

than  the  Laird  of  M'Leods,  and  that  every  man  that  wishes  me  well,  and 
my  family  and  kindred,  shoud  support  me  in  carrying  that  ellection  for  the 
Laird  of  M'Leod. 

As  to  Sir  James  Grant,  he  is  a  poor  weak  man,  that  most  people 
despise,  and  his  own  wicked  son  despises  him  more  than  any,  and  for  the 
famous  young  laird,  he  has  usd  me  allways  as  if  I  was  an  old  fool,  which  I 
do  not  conceall  from  the  world ;  and  when  his  father  askd  my  assistance 
when  he  was  going  to  London,  I  refus'd  it,  and  told  him  that  his  son  usd 
me  very  ill,  and  that  I  woud  make  it  publickly  known.  I  thank  God,  he 
uses  many  ill  as  well  as  me,  and  his  character  now  is  torn  to  pieces.  His 
late  behaviour  to  Dalrachany  has  given  him  a  finnishing  stroake,  and  occa- 
sioned the  unhappy  sickness  of  good  Lady  Margaret,  his  wife.  The 
way  that  that  story  is  publickly  reported  in  this  town,  which  is  vouchd  by 
letters  from  Strathspey,  is,  that  the  Laird  of  Grant  and  Dalrachany,  and 
one  or  two  more,  having  drunk  a  hearty  bottle,  Grant  received  a  letter  by 
express  from  the  Earle  of  Murray,  and,  after  reading  it,  he  said  that  it 
was  an  impertinent  insolent  letter ;  and  Dalrachany,  thinking  to  mitigate 
and  soften  the  laird,  said  that  there  were  some  things  in  that  letter  that 
were  not  so  much  amiss.  Upon  which  the  laird  called  him  rogue  and 
raskall,  and  took  up  his  hand,  as  some  say,  with  a  kayne,  and  gave  Dal- 
rachany a  blow.  Dalrachany  got  up,  and  told  him  that  he  woud  suffer 
that  blow  from  him  as  his  chief,  but  that  he  woud  not  suffer  the  second 
blow  of  any  subject ;  and  the  laird  redoubling  his  blow,  Dalrachany  engaged 
with  him,  and  took  him  by  the  collar,  and,  endeavouring  to  throw  him 
down,  he  tore  the  lairds  coat,  westcoat,  and  shirt,  down  to  his  britches ; 
and  when  he  threw  him  down,  he  thresh'd  him  most  heartily,  till  the  laird 
roard  and  cryd.  Upon  which  Lady  Margaret,  that  was  in  the  next  room, 
came  in,  and  seeing  her  husband  in  that  pickle,  she  roard  and  cryd,  and  was 
so  frightend  that  her  head  turnd,  and  is  since  dilirious.  I  leave  you  to 
judge  how  that  gentleman  will  be  belovd  and  respected  in  his  own  country. 

I  thought  myself  very  sure  of  all  the  Frasers,  and  particularly  of  Fair- 
field, whom,  you  know,  I  allways  treated  like  a  brother,  and  his  lady  like  my 
sister.  But  he  took  his  journey  by  Castle  Grant,  and,  for  a  promise  that 
the  laird  made  him  of  an  ensigncy  to  his  son,  the  poor  covetous  narrow 
greedy  wretch  has  renounced  his  chief  and  his  kindred,  and  forgot  all  the 
favours  that  I  did  him.  When  he  came  to  this  town,  he  came  to  my  house, 
with  the  same  affectionate  behaviour  that  he  used  to  have,   and   with  the 


1741.]  LETTERS   FROM    LORD    LOVAT.  16 

greatest  protestations  of  friendship ;  and  I  received  him  with  open  arms, 
and  thought  I  was  very  sure  of  him,  since  M'Leod  hadwritt  to  me  that  he 
swore  to  him  that  he  never  woud  do  any  thing  contrary  to  his  chiefs  incli- 
nations ;  and  that  Thomas  of  Gortuleg,  who  is  my  baillie  and  chamberlain, 
and  chief  trustee  in  that  countrey,  whom  I  sent  about  to  speak  privatly 
with  my  friends  in  favours  of  M'Leod,  had  writt  to  me  that  Fairfield  de- 
sird  him  twice  to  acquaint  me  that,  when  he  came  up  to  Edinburgh,  he 
woud  be  absolutly  determined  by  me  as  to  the  ellection.  But  I  was  sur- 
prisd  that,  some  days  before  he  went  away,  having  come  here  with  his 
cousin,  Mr.  Gumming,  the  minister,  who  I  believe  has  likewise  poisoned 
him  very  much,  for  he  is  a  sworn  creature  of  my  Lord  Ihiys,  who  made 
him  professor  of  church  history  in  this  university,  he  then  discovered 
himself  to  be  an  unnaturall  traitor,  an  infamous  deserter,  and  an  ungrat- 
full  wretch  to  me,  his  chief,  who  *liad  done  him  such  signall  services. 
And  if  I  never  had  done  him  any  other  service,  but  getting  him  one 
of  the  best  ladys  in  the  world,  your  worthy  sister,  to  be  his  wife  (which 
cost  me  both  pains  and  expence),  who  had  bore  him  good  children,  he 
shoud  be  hangd  for  deserting  of  me  to  serve  any  Grant  that  ever  was 
born,  or  any  other  Scotsman.  William  Fraser,  my  doer,  having  told 
me  that  the  Laird  of  Grant  had  promisd  him  an  ensigns  commission  for 
his  son,  providing  that  he  woud  vote  for  his  father,  and  that  he  be- 
lievd  if  I  woud  secure  an  ensigns  commission  for  his  son,  that  he  never 
woud  vote  for  the  Laird  of  Grant,  this  made  me  resolve  to  speak 
to  him  before  his  cousin,  Mr.  Gumming,  and  my  doer,  William  Fraser. 
I  told  Fairfield  that  I  was  far  from  desiring  his  loss,  or  any  hurt  to  his 
family ;  that,  since  the  Laird  of  Grant  promisd  him  an  ensigns  com- 
mission for  his  son,  that  I  woud  do  better.  Grants  promise  was  pre- 
carious, but  that,  that  moment,  before  his  cousin,  Mr.  Gumming,  I 
woud  give  him  my  bond  for  £500  sterling,  oblidging  myself  to  gett 
his  son  an  ensigns  commission  in  two  months,  or  to  give  him  the  full  value 
of  it  in  money  to  buy  it  for  his  son.  He  then,  most  insolently  and  villain- 
ously, told  me  that  he  coud  not  accept  of  it,  that  he  was  under  previous 
engagments  to  the  Laird  of  Grant,  and  that  he  must  keep  them.  I  own 
that  put  me  in  some  passion,  and  told  him,  with  some  warmness,  that  what 
he  said  was  impossible,  because  I  had  a  letter  in  my  pocket  from  the  Laird 
of  M'Leod,  wherein  he  says  that  Fairfield  swore  to  him  that  he  never  woud 


16  THE    SPALDING   CLUB    MISCELLANY.  [1741. 

do  anything  against  his  chiefs  inclinations.  I  took  it  out  of  my  pocket  and 
showd  it  to  Mr.  Cuniraing,  which  stunned  him  very  much.  I  told  him  that 
Gortuleg  likewise  wrote  to  me  that  he  desird  him  twice  to  acquaint  me, 
that  when  he  came  up  to  Edinburgh,  that  he  woud  be  entirly  determind  by 
me.  The  gentleman  was  so  insolent  as  to  tell  that  both  these  letters  were 
false.  I  told  him  that  he  durst  not  say  so  to  the  gentlemen  that  wrote  them, 
who  were  men  of  honour  and  integrity,  and  I  bad  him  go  the  devil,  and  call 
himself  a  Grant,  and  live  in  Strathspey  ;  that  I  would  resent  his  behaviour 
as  far  as  I  coud  by  law.  I  doubt  not  but  Fairfield  will  tell  all  this  to  the 
Laird  of  Grant,  and  that  Mr.  Gumming  will  write  it  to  the  Earle  of  Hay, 
his  patron,  so  I  may  expect  all  the  resentment  that  they  are  capable  of, 
and  so  he  went  away.  Mr.  Gumming  and  William  Fraser  seemed  very  much 
concernd  for  his  behaviour.  Fairfield  spoke  to  me  three  or  four  days  be- 
fore that  time  ;  and  told  me  that  the  design  of  his  coming  to  Edinburgh  was 
to  sell  me  his  estate.  I  told  him  that  I  was  absolutly  against  that  project, 
that  while  he  or  his  children  who  were  so  nearly  related  to  me  possessd 
that  estate,  I  thought  it  the  same  as  if  my  own  children  possessd  it,  but 
that  I  woud  not  allow  him  to  sell  it  to  a  stranger,  because  I  had  a  strong 
claim  upon  it,  that  I  believe  will  reduce  the  rights  of  it  when  I  please,  and 
that,  whoever  bought  it,  I  woud  spend  a  thousand  pound  to  make  my  claim 
good ;  and  since  that  time,  Fraserdale  has  given  me  papers  that,  by  all  pro- 
bability, will  make  it  effectuall,  with  a  decreet  of  reduction,  pronounced  in  my 
Lord  Prestonhalls  time,  so  that  Fairfield  is  as  mad  as  he  is  unnaturall  and 
ungratefull.  It  is  not  truly  him  that  I  regrate,  but  my  very  dear  cousin, 
your  worthy  sister,  whom  I  allways  lovd  and  respected  as  if  she  had  been 
born  my  sister,  and  her  children,  whom  I  hopd  and  wishd  woud  make  a 
handsome  family  in  the  countrey,  but  by  this  creatures  excessive  narrowness 
and  greed,  which  has  turned  his  head,  he  will  not  only  be  his  own  ruin, 
but  the  ruin  of  his  children.  But  I  hope,  my  dear  cousin,  your  sister  will 
not  consent  to  the  selling  of  the  estate  (though  he  says  she  has  done  it), 
otherwise  she  cuts  the  throats  of  her  children.  I  wrote  fully  of  this  to  my 
cousin,  Evan  Baillie,  and  to  Gortuleg,  and  to  young  Duncan  Fraser,  at 
Inverness,  who  is  a  most  excellent  lad.  I  must  tell  you  an  extraordinary 
mark  of  friendship  and  generosity.  My  cousin,  Evan  Baillie,  that  was 
doer  to  the  Laird  of  Grant,  a  long  time  before  I  knew  him,  has  writt  to  Sir 
.Tames   Grant,    and    has   openly  declard  that  since   there    is  a  ditference 


1741. J  LETTERS   FROM    LORD    LOVAT.  17 

betwixt  the  Lord  Lovats  family  and  the  Laird  of  Grants,  that  he  was  re- 
solvd  to  stand  by  the  Lord  Lovat  and  his  family  against  any  other  what- 
somever,  because  of  the  obligations  that  he  ows  to  the  Lord  Lovat  and 
that  his  mother  and  grandmother  were  Erasers  of  the  Lord  Lovats  family, 
so  that  they  must  excuse  him,  and  expect  no  services  from  him. 

When  a  man  of  another  family  and  kindred  stands  so  firmly  by  me,  what 
scandal  and  shame  is  it  to  a  Fraser,  that  pretends  to  be  of  my  family,  to  de- 
sert me. 

All  my  fear  at  present  is,  that  my  cousin,  Gortuleg,  who  certainly  is  the 
prettiest  fellow  of  my  kindred  in  the  Highlands,  will  fall  foul  of  Fairfield, 
who,  I  believe,  is  stout,  which  is  the  only  good  quality  that  I  can  imagine  he 
has ;  and  in  all  events,  if  they  fight,  Fairfield  is  undone,  for  if  Gortuleg  kills 
him  there  is  an  end  of  him  ;  or  if  he  kills  Gortuleg,  the  universe  cannot  save 
his  life  if  he  stays  in  this  island  ;  for  Gortuleg  his  four  cousin-germans,  the 
most  bold  and  desperate  fellows  of  the  whole  name,  who  woud  take  of  Fair- 
fields  head  at  the  cross  of  Inverness,  if  they  were  to  be  hangd  for  it  next 
morning.  I  know  them  well,  for  they  have  been  very  troublesome  to  me  by 
their  bloody  dowels.  I  beg  you  ten  thousand  pardons,  my  dear  cousin,  for 
this  very  long  letter  ;  but  I  entreat  you  seriously  consider  of  all  that  is  in  it, 
and  after  mature  deliberation,  I  beg  you  may  send  an  express  to  your  sister, 
and  write  to  her  and  to  Fairfield  what  you  think  proper  upon  the  subject  of 
this  letter. 

I  give  you  ten  thousand  thanks,  [  ],  for  your   present  of  the 

horse.  I  immediatly  bird  a  coachman,  and  sent  him  north  to  take  care 
of  him ;  and  the  first  that  appears  of  his  race  in  my  country  will  be 
yours.  As  to  the  affair  of  Dingwell  that  you  enquire  about,  there  is 
a  bloody  liable  come  out  against  Sir  Robert,  and  his  family,  and  fol- 
lowers, and  according  to  form,  since  he  is  at  London,  he  is  summoned  at 
the  Cross  of  Edinburgh,  and  at  the  peer  of  Leith,  to  compear  within  sixty 
days  in  answer  of  that  liable,  before  the  Lords  of  Justiciary,  who  have  given 
a  warrand  for  it ;  but  as  Sir  Robert  has  the  first  minister  and  my  Lord 
Eay  his  friends,  I  believe  his  enemies  will- not  make  much  of  this  afl'air. 

The  first  time  that  you  have  occasion  to  wait  upon  the  great  man,  the 
Earle  of  Aberdeen,  I  beg  you  may  do  me  the  honour  to  assure  his  Lord- 
ship of  my  most  affectionate  humble  duty,  and  that  I  am  as  much  his  Lord- 
ships faithfull  servant,   and  as  zealously  attached  to  his  party,  as  any  one 


18  THE    SPALDING   CLUB    MISCELLANY.  [1741. 

man  that  is  in  it ;  and  tell  him  that  my  cousin,  Mr.  Erskine  of  Grange,  who 
is  in  o-reat  friendship  with  the  Earle,  told  me  that  he  had  written  fully  to  his 
Lordship  of  me  on  this  subject,  and  beg'd  of  his  Lordship  to  engage  Glen- 
buickit  to  write  to  his  son  in  law,  Glengerry,  that  he  might  be  for  M'Leod 
in  the  next  ellections,  since  it  is  of  vast  consequence  to  our  party ;  and  the 
unnaturall  monster,  Fairfield,  is  the  only  person  that  has  put  us  in  danger. 
Glenbuickit  did  me  the  honour  to  make  me  two  visits,  and  we  spoke  seri- 
ously on  this  subject,  and  Glenbuickit  is  afraid  that  neither  Sir  Alexander 
M'Donald  nor  Glengerry  will  qualify.  In  that  case,  we  will  lose  our 
ellection  ;  but  I  intreat  that  you  speak  seriously  to  my  Lord,  that  he  may 
engage  Glenbuicket  to  write  strongly  to  Glengerry  to  perswade  him  to  take 
the  oaths.  I  know  he  has  no  regard  for  them,  so  he  should  not  stand  to 
take  a  cart  load  of  them,  as  I  woud  do  to  serve  my  friends  ;  and  the  shire  of 
Inverness  is  of  such  consequence  to  our  party,  that  no  man  that  loves  it  but 
shoud  do  his  utmost  that  M'Leod  should  carry  it.  As  soon  as  the  weather 
will  allow  me  to  go  north,  I  am  resolvd  to  go  expressly  upon  this  subject, 
and  use  all  the  interest  that  I  have  in  that  countrey,  and  all  the  industry  and 
art  that  I  am  capable  of,  that  we  may  not  be  baffled. 

You  may  show  all   that  you  think  fitt  of  this  letter  to  [  ]  the 

Earle,  and  tell  him  that  since  he  is  known  to  be  a  man  of  consuraate  wis- 
dom, prudence,  and  understanding,  that  I  humbly  beg  his  Lordship  may 
give  me  his  full  advice,  by  you,  in  this  affair,  since  I  ask  it  for  the  good  of 
the  party,  which  I  hope  he  will  not  refuse.  I  long  extreamly  to  have  the 
honour  of  a  conversation  with  him.  I  am  in  great  hopes  that  we  will 
understand  each  other,  and  be  in  great  fi-iendship  hereafter  while  we 
live,  since  I  flatter  myself  that  our  principle  as  to  politicks  will  allways  be 
the  same. 

[  ],  I  have  now  wearied  you  with  one  of  the  longest  letters  that 

ever  I  wrote,  and  I  am  truly  fatigud  with  it  myself.  But  there  was  a  ne- 
cessity for  me  to  explain  myself  in  every  article  of  this  letter.  You  may  be 
sure  that  I  will  long  mightily  to  have  a  return  to  this.  You  must  send  an 
express  with  it  to  Hugh  Eraser,  who  will  send  it  to  me  carefully  by  the  post, 
whom  I  will  reward  for  it.  His  cousin  tells  me  that  Hugh  is  foreman  to 
Mr.  Catenach,  so  that  your  express  will  easily  find  him  out. 

I  pay  the  post  that  carrys  this  to  him,  as  I  will  pay  the  post  that  will 
carry  your  letter  here  from   Hugh   Eraser.     Forgive  all  this  trouble  ;  and 


1741.] 


LETTERS    FROM    LORD    LOVAT.  19 


believe  that  I  am  much  more  than   I  can  express,  with  unalterable  attach- 
ment and  respect, 

t  J'  . 

Your  most  affectionate  cousin, 

most  obedient  and  most 

faithfull  humble  servant, 

LoVAT. 

Edinburgh,  January  3d,  1741. 

P.S.  I  continue  still  to  have  a  cough,  and  the  pain  and  weakness  in  my 
knees  is  not  yet  gone  of.  Some  say  it  is  the  gout.  I  am  otherwise  in  toler- 
able good  health,  but  much  concernd  for  my  son,  who  has  been  very  ill  of  an 
aiguish  fever  above  these  three  weeks  past,  and  I  cannot  yet  say  that  he  is 
much  mended,  but  the  doctor  says  that  he  is  in  no  danger.  My  daughters, 
(I  thank  God),  are  in  pretty  good  health  ;  and  they  and  my  son  joyne  with 
me  in  assuring  you,  and   the  good  lady  [  ],  and  all  your  lovly 

children,  of  our  most  affectionate  humble  duty,   and  wishing  you  all  many 
and  many  a  happy  new  year. 


FROM  SIMON  LORD  LOVAT. 

My  Dear  [  ], 

I  received,  with  great  pleasure,  the  honour  of  your  letter, 
of  the  12th  of  January ;  and  it  gives  me  great  joy  to  know  that  you  are  all 
well,  and  the  good  lady  [  ],  and  your  eldest  son,  and  all  the 

family  ;  and  I  do  from  my  heart  and  soul  assure  you  and  them  of  my  most 
sincere  and  affectionate  humble  duty. 

I  am  delighted,  [  ],  with  reading  your  letter,  for  I  find  it  full 

of  good  sense,  solid  understanding,  affectionate  friendship,  true  honour, 
and  a  pretty  turn  of  witt.  And  you  are  the  man  in  the  world,  except  my 
own  son,  that  I  am  most  pleased  to  see  endued  with  good  sense  and  un- 
derstanding. 

You  need  give  me  no  thanks,   my  dear  [  ],  for  making  you  a 


20  THE    SPALDING   CLUB    MISCELLANY.  [1741. 

barron  of  the  shire  of  Inverness,  at  my  own  expense.  I  do  that  to  you  for 
[your]  worthy  fathers  sake,  and  your  own,  and  for  the  support  of  our  familys, 
for  I  allways  reckon  yours  and  mine  the  same  in  every  shape,  and  to  all  in- 
tents and  purposes  ;  and  I  hope  before  I  die,  to  do  much  more  for  you  and 
your  family  than  making  you  barron  of  the  shire  of  Inverness,  for  I  sin- 
cerly  declare  to  you,  that  I  have  the  same  affection  and  love  for  you  that  I 
have  for  any  of  my  own  children,  and  as  great  a  desire  to  do  you  good  as  to 
any  of  them. 

I  gave  the  disposition  that  I  made  to  you,  and  the  disposition  that  I  made 
to  my  Lord  Strichen,  to  William  Fraser,  Belnains  son,  that  he  might  let 
Mr.  Robert  Craigie  and  Mr.  Ferguson  of  Pitfoore  see  them,  about  a 
scrouple  that  we  had  concerning  the  trust  oath,  but  there  is  nothing  in  it.  The 
disposition  contains  nothing  of  a  trust,  but  is  an  absolute  deed  without  any 
condition.  The  reason  why  your  charter  and  Faralanes  does  not  pass  this 
terra  is,  that  your  barronies  are  to  be  founded  upon  near  £300  Scots,  valud 
rent,  and  Strichens  passes  because  it  is  not  the  half  of  that  of  valud  rent, 
but  a  forty  shilling  land  of  old  extent.  But  as  to  the  time,  it  will  be  much 
about  the  same,  since  yours  and  Faralanes  must  come  out  in  the  term  of 
June,  and  that  you  will  be  all  three  enrolld  at  the  next  Michlemass  head 
court.  I  heartily  curse  my  doers,  whose  only  fault  it  was  that  these  char- 
ters were  not  expede  two  years  agoe,  which  woud  have  got  me  a  glorious 
victory  over  the  Grants  at  this  time.  They  lie  that  teO  you  that  either 
Foyers  or  Dunballoch  have  left  or  forsaken  me.  Foyers,  Rilick,  Dun- 
balloch,  and  Muirtown,  are  as  firm  as  I  coud  wish  ;  and  there  is  no  man 
that  has  betrayd,  deserted,  and  forsaken  his  chief  and  his  kindred,  but  the 
ungratfuU  runagade  Fairfield.  If  my  information  from  Inverness,  from 
honest  men  there,  holds  true,  he  is  as  mad  as  ever  his  brother  Johuathan  or 
John  was.     But  I  do  assure  you,  my  dear  [  ],  it  is  not  him  that 

I  regrate,  though  he  was  drownd  in  the  river  of  Ness,  or  in  Lochraurrie, 
where  it  was  said  his  brother  Johnathan  was  drownd,  by  which  he  savd  his 
portion ;  for  when  great  narrowness  and  greed  are  joined  together  in  one 
man,  and  come  to  a  height  with  him,  there  is  no  crime  but  that  man  is  ca- 
pable of.  A  little  money,  or  an  advantage  to  his  private  interest,  woud 
not  only  make  him  sell  all  mankind,  but  Christ  Jesus,  if  he  was  again  upon 
earth  ;  for  he  has  no  belief  in  God,  nor  in  a  future  being.  My  great  con- 
cern is  for  your  dear  sister,  who  is  one  of  the  best  women  in  the  world,  and 
for  her  children,  for  they  must  be  all  ruiud  by  this  madmans  villainous  be- 


1741.]  LETTERS    FROM    LORD    LOVAT.  21 

haviour ;  and  if  it  had  not  been  for  my  positive  and  express  orders,  he  had 
been  cut  in  pieces  before  now,  for  it  is  impossible  to  express  the  zeal  and 
the  violence  with  which  he  is  hated  by  all  the  kindred.  But  besides  that,  I 
coud  never  allow  a  drop  of  the  Erasers  blood  to  be  shed  of  those  very  men 
that  were  contriving  to  take  away  my  life.  I  knew  that  the  meddling  with 
him  now  woud  wrong  our  affair,  and  if  an  Arrabian  killd  him,  it  woud  be 
calld  my  deed.  But  I  hope  to  live  long  enough  to  see  him  chastisd  with  as 
great  a  punishment  as  death  woud  be  to  him  at  present. 

Though  I  gave  my  positive  orders  to  my  baillie  and  chamberlain,  Thomas 
of  Gortuleg,  who  is  the  prettiest  man  of  my  name  in  that  countrey,  not  to 
meddle  with  Fairfield,  at  any  rate  at  this  time,  though  he  calld  Gortuleg  a 
lyar  to  me,  to  Mr.  Gumming  the  minister,  his  cousin  german,  and  to  William 
Fraser,  my  doer,  and  to  many  others  in  this  town,  and  in  the  north,  because 
Gortuleg  wrote  me  two  letters,  in  which  Fairfield  desird  him  to  acquaint 
me  that  he  woud  do  every  thing  that  I  woud  bid  him  after  he  came  to  Edin- 
burgh, and  declare  himself  as  I  pleased.  He  likewise  swore  to  the  Laird  of 
M'Leod,  that  he  never  woud  do  any  thing  against  his  chiefs  inclinations  ; 
and  now  he  denys  like  murder  that  he  never  said  any  such  thing  either  to 
Gortuleg  or  to  the  Laird  of  M'Leod,  for  which  he  has  not  only  Gortuleg 
upon  his  back,  but  the  Laird  of  M'Leod.  But  I  am  informd  by  a  very  good 
hand  to  whom  he  said  it  himself,  that  he  will  attack  Gortuleg  the  first  time 
he  saw  him,  which  plainly  proves  what  I  say,  that  he  is  as  mad  as  any  of 
his  brothers  ever  were.  If  I  thought  that  the  miserable  wretch  coud  be 
retrievd,  I  woud  beg  of  you  to  go  and  see  your  sister  for  a  day  or  two,  and 
try  what  you  and  she  can  do  with  him ;  but  as  he  is  an  ignorant  obstinate 
blockhead,  as  most  madmen  are,  I  am  [of]  oppinion  that  your  going  there 
woud  do  me  no  manner  of  service,  and  woud  be  but  troublesome  and  expen- 
sive to  yourself,  so  I  intreat  you  do  not  think  of  it  till  I  write  you  again. 

I  am,  as  to  my  politicks,  my  dear  cousin,  just  as  I  was  when  I  wrote  my 
last  to  you,  with  the  satisfaction  that  Duke  Hamiltoun,  and  the  other  great 
men  of  our  party,  are  mighty  kind  and  civil  to  me ;  and  I  can  now  tell 
you  with  pleasure  that  I  am  as  well  acquainted,  and  as  intimate,  with  the 
Earle  of  Aberdeen  as  if  I  had  the  honour  to  be  long  known  to  him  ;  and  it 
was  a  great  loss  to  me,  and  I  believe  likewise  to  you,  that  I  have  not  been 
acquainted  with  him  these  many  years  past;  I  admire  much  his  good  parts, 
his  wisdom,  and  prudence.  He  is  certainly  a  very  great  man,  and,  take 
him  altogether,  I  do  not  believe  that  we  have  in    Scotland  such   another 


22  THE    SPALDING    CLUB    MISCELLANY.  [1741. 

great  man,  especially  for  knowledge,  prudence,  and  understanding.  I  spoke 
a  great  deall  to  him  about  you,  and  I  find  he  is  your  affectionate  friend, 
and  has  a  very  good  oppinion  of  you.  I  wish  to  God,  for  your  sake,  I  had 
been  acquainted  with  him  these  twenty  years  past.  I  am  very  certain  it 
woud  have  done  you  great  service. 

I  still  continue  but  very  tender  in  my  health.  The  cough  has  not  yet 
left  me,  nor  the  weakness  in  ray  knees.  My  eldest  son,  who  is  here,  was 
twice  in  danger  of  dying  this  year.  He  first  had  the  measles,  which 
brought  him  very  low ;  and  after  having  recovered  pretty  well  of  them, 
he  fell  ill  again  of  a  very  severe  aiguish  fever,  which  never  left  him  for 
nine  weeks,  notwithstanding  of  what  Doctor  Clerk  coud  do,  who  gave  him 
all  the  assistance  he  was  capable  of,  and  all  the  medicines  he  thought  shoud 
cure  him,  so  that  the  doctor  said  at  last  that  he  did  not  understand  his 
distemper.  However,  I  bless  God,  he  is  now  pretty  well  recoverd ;  and 
he  and  his  sisters  beg  leave  to  assure  you  [  ],  and  all  the 

family,  of  their  most  dutifull  and  afi'ectionate  respects. 

Since  I  wrote  my  above  letter,  I  had  the  honour  to  receive  yours  of  the 
9th  of  February,  and  it  gives  me  allways  great  joy  to  know  that  you  and 
your  family  are  well,  and  my  best  wishes  allways  attend  you  and  them. 
What  I  write  in  my  above  letter  answers  your  last  letter.  But  upon  re- 
flection, [  ],  I  am  afraid  I  must  put  you  to  the  trouble  and  ex- 
pence  of  going  for  two  or  three  days  to  Inverness,  to  see  what  you  can  do 
with  that  obstinate  greedy  brute ;  and  if  you  and  your  sister  cannot  re- 
trieve him,  and  bring  him  back  to  his  duty,  I  humbly  beg  that  you  may  wash 
your  hands  of  him  ;  for  I  am  very  certain  that  you'le  never  put  him  in  bal- 
lance  with  me,  and  when  you  abandon  him,  I  shall  leave  him  to  the  resent- 
ment of  his  kindred,  which  I  am  afraid  will  be  fatal  to  him.  So,  dear 
[  ],  if  your  affairs  can  allow  it,  I  woud  beg  that  you  woud  sacri- 
fice a  week  for  me  and  go  to  Inverness,  and  see  what  you  can  do  to  re- 
trieve that  unnaturall  and  ungratfull  monster.  And  as  M'Leod  is  come  to 
Inverness,  I  intreat  you  lose  no  time  going  there,  and  I  beg  you  may  see 
the  Laird  of  M'Leod  and  Evan  Baillie,  who  is  not  only  my  trustee  in  this 
affair,  but  in  all  my  concerns,  and  who  has  openly  declard  for  me  against 
the  Laird  of  Grant,  and  advise  with  them  how  you'le  manadge  that  unna- 
turall madman ;  for  neither  you,  nor  my  son,  nor  any  Fraser  alive,  coud 
show  a  more  generous  attachment  for  me  than  Evan  BaiUie  has  done.  Dun- 
can Fraser  is  a  faithfull  kinsman  and  partisman  of  mine,   and  at  the  same 


1741.] 


LETTERS    FROM    LORD    LOVAT.  23 


time,  he  has  a  great  friendship  for  Fairfield  and  his  family,  and  he  h^s  la- 
bourd  very  much  to  bring  him  back  to  his  duty,  with  the  assistance  of  your 
sister,  but  coud  not  yet  prevail.  He  will  inform  you  of  all  that  passed  twist 
Fairfield  and  him,  and  assist  you  all  he  can.  At  the  same  time  that  I  re- 
ceived your  letter,  I  had  the  honour  to  receive  a  most  gracious  and  a  most 
oblidging  letter  from  my  Lord  Saltoun.  No  Stratherrick  man  coud  write 
to  me  in  more  kindly  terms.  He  begs  my  advice  in  the  present  criticall 
situation  of  affairs.  I  took  the  liberty  to  show  his  letter  and  yours  to  the 
Earle  of  Aberdeen,  who  spoke  most  kindly  of  you,  and  laughd  heartily  at 
your  postscript ;  but  he  is  very  much  afraid  that  my  Lord  Saltoun  may  l)e 
laid  astray,  and  he  intreated  of  me  to  write  to  you,  that  when  you  see  my 
Lord  Saltoun,  you  may  speak  strongly  to  him,  that  he  shoud  take  care  not 
to  bring  a  disgrace  and  stigma  upon  his  noble  family,  that  was  allways  loyall 
to  their  king  and  countrey,  by  abandoning  now  the  interest  of  his  countrey, 
and  the  noble  familys  that  stand  up  for  it,  and  that  for  a  pitifull  pension, 
that  perhaps  he  never  woud  receive  a  sixpence  of.  I  am  resolvd  to  write 
all  this  to  my  Lord  Saltoun  myself,  which  I  will  do,  and  send  at  the  same 
time  with  your  letter. 

As  I  believe  you  have  not  seen  the  famous  and  bloody  protest  of  the 
Lords  against  the  administration,  upon  levying  the  last  eleven  new  regi- 
ments, the  strongest  and  best  written  that  has  been  seen  in  this  reign  or  the 
last,  I  send  it  to  you  inclosed,  that  you  may  communicate  it  to  whom  you 
please.  They  say  we  are  to  have  a  much  finer  one  very  soon,  upon  the  last 
negative  on  the  motion  that  was  made  to  remove  Sir  Robert  from  the  King. 

I  beg  that  as  soon  as  you  receive  this,  I  may  have  the  honour  to  hear 
from  you,  and  let  me  know  what  day  you  set  off  for  Inverness ;  and  believe 
that  I  am,  with  a  most  affectionate  attachment  and  respect, 
My  dear,   [  ], 

Your  most  affectionate  cousin, 

most  obedient  and  most 
faithfull  humble  servant, 

LoVAT. 

Edinburgh,  25th  February,  1741. 

P.S I  send  you  likewise  the  last  protest,  which  is  come  but  lately  to 

my  hands. 


24  THE    SPALDING    CLUB    MISCELLANY.  [1741. 


V. 
FROM  SIMON  LORD  LOVAT. 

My  very  dear  Cousin, 

I  received  the  honour  of  your  most  kind  and  oblidging 
letter  of  the  2d  of  March,  for  which  I  give  you  my  most  sincere  and  hearty 
thanks. 

I  am  exceeding  glad  to  know  that  you  and  the  good  lady  [  ], 

and  your  eldest  son,  and  all  your  children,  are  in  good  health.  Long  may 
you  continue  so,  and  I  sincerly  assure  you  and  them  of  my  most  affec- 
tionate humble  duty,  and  that  of  my  young  ones  that  are  here,  who  are  in 
good  health.  But  I  have  been  very  much  out  of  order  these  ten  days  past, 
with  the  effects  of  cold.  I  had  a  press  of  vomiting,  loosness,  and  grind- 
ing, and  now  I  have  a  great  roupe  or  hoarsness  ;  but  Doctor  Clerk  says 
that  it  will  be  soon  over,  and  advises  me  to  go  north  as  soon  as  possible, 
which  I  am  resolved  to  do. 

As  to  the  manadgment  of  Fairfield,  I  shall  say  nothing  of  it,  but  refer 
vou  entirely  to  the  advice  of  my  very  good  friends,  Mr.  Baillie  and  Duncan 
Fraser,  and  the  Laird  of  M'Leod ;  but  if  he  will  continue  to  be  obstinate 
and  not  hearken  to  your  advice,  I  intreat  you  may  tell  him  that  you  will 
leave  him  to  himself,  and  that  he  can  bleam  none  but  himself  for  any  mis- 
chief that  wiU  happen  to  him,  and  that  you  never  hereafter  will  concern 
yourself  about  him,  since  you  must  aUways  prefer  your  chief,  and  the  head 
of  your  family,  to  him  or  to  any  man. 

I  am  very  angry  that  your  charter,  and  Strichens,  and  Faralanes,  are 
not  pass'd  at  this  term.  But  it  is  Macfarlanes  absolute  negligence  and 
laziness ;  for  though  I  gave  him  mony  two  months  ago  to  pass  Strichens 
charter,  it  is  not  yet  pass'd,  so  that  he  cannot  be  infeft  till  after  the  next 
term ;  and  your  charter  and  Faralanes  will  be  ready  at  the  same  time  ;  for 
I  will  not  trust  it  any  more  to  Mr.  Macfarlane,  but  I  will  give  the  money 
to  William  Fraser,  and  order  him  to  see  it  expede,  so  you  may  depend 
upon  it  that  you'le  have  your  charter  in  your  own  possession  in  the  month 
of  June,  that  you  may  be  infeft  when  you  please,  and  enrolld  at  the  first 
Michlemass  head  court.  If  I  do  not  overtake  you  in  the  north,  as  I  hope  I 
will,  you  must  certainly  resolve  to  come  immediately  and  see  me,  because 


1741.]  LETTERS    FROM    LORD    LOVAT.  25 

I  have  affairs  that  concerns  yourself  to  communicate  to  you  that  is  not  pro- 
per to  committ  to  a  letter,  and  I'le  send  an  express  to  acquaint  you.  When 
you  see  the  Earle  of  Aberdeen,  I  beg  you  may  assure  him  of  my  most  duti- 
full  and  affectionate  respects,  and  make  my  most  humble  compliments  to  my 
Lord  Haddo. 

I  shall  long  extreamly  to  hear  from  you;  and  I  ever  am,  with  unlimited 
attachment  and  respect, 

[  I 

Your  most  affectionate  cousin, 

most  obedient  and  most 

faithfull  humble  servant, 

LoVAT. 

Edinburgh,  12th  March,  1741. 

P.S.  Muirtoun  went  from  this  on  Tuesday  last,  and  I  have  fixd  him,  so 
that  all  the  great  offers  and  promises  of  the  Laird  of  Grant  cannot  alter  him 
from  standing  by  the  Laird  of  M'Leod  and  me.  Dunballoch  is  likewise 
fixed,  by  my  granting  a  discharge  to  his  brother  William  of  all  his  intro- 
missions, so  that  Fairfield  is  the  only  runagade  of  the  lordship  of  Lovat,  to 
the  great  dishonour  of  the  clan.  Duke  Hamiltoun,  and  several  other  Lords, 
asked  me,  in  a  joking  way,  whether  that  fellow  that  has  deserted  his  chief 
and  his  clan,  is  still  alive  or  not.  I  answered  that  he  was,  by  my  precise 
and  express  orders,  and  I  said  but  what  was  true.     Adieu  my  dear  [  ]. 

I  shall  be  very  uneasy  till  I  hear  from  you. 


FROM  SIMON  LORD  LOVAT. 

My  Dear  [  ], 

Since  I  find  that  you  do  not  answer  any  of  my  letters  that 
I  writ  by  the  post,  I  send  my  footman  express  to  you  with  this  letter,  first 
to  tell  you  that  I  am  very  ill  pleased  that  you  do  not  let  me  know  what  you 
are  doing,  since  no  man  in  the  world  is  so  much  concerned  with  you  as  I 
am.     I  did  hear  that  you  was  making  some  transactions,  [  ], 

about  your   estate.     I  writ  to  you  about  it,   but  had  no  return  from  you 


26  THE    SPALDING    CLUB    MISCELLANY.  [1742. 

But  if  you  do  good  things,  I  shall  allways  be  very  glad,  though  I  should 
never  be  acquanted  with  them.  Yet  I  think  that  your  affairs  would  not  go 
the  worse  with  you,  that  you  did  allways  communicat  them  to  me,  who  is  so 
very  nearly  concernd  in  you.  But,  to  say  no  more  on  that  head,  you  know 
that  I  spok  to  you  of  a  trade  that  was  like  to  be  advantagious  to  this  coun- 
trey,  of  a  herring  fishing.  I  medled  a  little  in  it  this  year  ;  but  Mr.  Wight- 
man,  the  great  merchant,  is  to  put  me  in  a  way  to  do  good  to  myself,  and  my 
friends  ;  and  since  you  are  my  nearest  relation  in  the  world,  I  design  that 
you  should  profit  of  that  trade.  Therefore  I  desire  that  you  may  come 
imediatly  and  see  me  here,  that  we  may  concert  matters  before  I  be  in- 
gadgd  with  any  other  partner.  Do  not  make  excuses  for  not  coming,  for 
if  you  have  any  regard  to  me,  or  to  any  thing  belonging  to  me,  I  beg  you 
come  here,  though  you  should  stay  but  ten  days  or  a  fortnight,  for  I  have 
several  things  to  tell  you  of  my  own  concerns,  which  are  your  concerns,  as 
ray  heir  male,  that  I  cannot  committ  to  paper ;  so  if  you  love  me,  or  any 
thing  that  I  can  do  for  you,  do  not  feal  to  come  here  as  soon  as  possible, 
though  it  were  but  for  a  few  days.  My  wife  gives  you  her  duty,  and  longs 
to  see  you;  and  I  am,  with  as  much  afiection  as  I  was  your  father. 
My  dear  [  ], 

Your  most  faithfuU  slave, 

LOVAT. 

Beaufort,  the  15th  of  October,  1742. 

I  intreat  you  use  your  indeavour  to  get  me  a  good  groom,  and  a  good 
running  footman,  again  Martinmas,  for  I  lost  my  fine  stond  horse,  and  my 
English  little  horse,  by  the  meer  neglect  of  a  stupid  villain  of  a  groom  that 
I  have  thir  ten  years,  who  has  neither  activity  or  comon  sense ;  so  I  intreat 
you  do  what  you  can  to  get  me  a  carefull  man  to  look  after  my  horses.  I'le 
give  him  what  fee  you  please  to  agree  for. 

VII. 

FROM  SIMON  LORD  LOVAT. 

My  Dear  [  ], 

I  hope  this  will  find  you  and  your  good  Lady  [  ] 

and  all  your  lovly  fiamily  in  perfect  health,  and  I  most  sincerly  assur  you 


1745.]  LETTERS    FROM    LORD    LOVAT.  27 

and  them  of  my  most  afFectionat  respects  and  best  wishes.  I  will  not 
quarell  you  in  this  letter,  nor  tell  you  that  you  are  the  most  unkind  relation 
in  the  world.  I  refer  scolding  of  you  till  I  see  you.  I  have  sent  the  bearer, 
my  cousin,  Gorteleg,  express  to  wait  of  you,  and  to  communicat  to  you  an 
affair  of  the  last  consequence  to  you  and  to  me.  I  would  not  trust  it  to  any 
other  man  of  kindred  but  to  Gorteleg.  I  therfor  beg  of  you  to  give  the 
very  same  credit  to  all  that  Gorteleg  tells  you  as  if  I  was  speaking  to  you 
myself.  You  will  find  the  affair  of  such  a  nature  as  admits  of  no  delay. 
So,  as  you  love  your  own  honour  and  interest,  and  that  of  my  familys,  do 
not  hesitate  a  moment  in  following  Gortelegs  instructions  and  advices  that 
he  will  give  you  from  me.  I  pray  God  may  preserve  you,  and  give  me 
good  accounts  of  you ;  and  I  ever  am,  much  more  tban  I  can  express,  with 
zeal  and  attachment,  [  ], 

Your  most  affectionat  Cousin, 

and  most  faithfuU  slave, 

LoVAT. 

Beaufort,  tbe  17  of  Apryle,  1745. 


[Letters  L,  VL,  and  VII.  are  in  the  handwriting  of  Lord  Lovat.     The  others  appear 
to  have  been  written  by  his  Secretary,  and  are  signed  by  his  Lordship.] 


II. 

THE  CHUONICLE  OF  ABERDEEN. 


M.CCCC.XCI— M.D.XCV. 


THE  CHRONICLE  OF  ABERDEEN. 

M.CCCC.XCI— M.D.XCV. 


The  therd  day  of  October,   yeir  of  God  1491  yeir,  Johne  Cullen,  eldest  Cullen,  Pro- 
sone  to  Robertt  Cullen,  bailye  of  Aberden,  was  ellectit  and  chossin  prowest  "®^'' 
be  consentt  of  the  haill  towne,  and  that  for  that  instantt  yeir,  with  rasauin  of 
his  eyitt,  conforme  to  the  aithtis,  and  Thomas  Fyffe,  Andre  Cullen,  youn- 
gar,  Andre  Cullen,  eldar,  Johne  Menzis,  bailleyis,  with  thair  aythte  maid 
for  ministratioune  of  juistis. 

Thomas  Praitt,  bailye  of  Aberden,  departtit  owitt  of  this  pressent  lyfe  Praitt. 
the  27  day  of  September,  the  yeir  of  God  ane  thousand  fyfe  hundrecht 
yeris. 

Thomas    Menzis,  sone  to   Gilbert    Menzis,  prowest  of  Aberdene,   was  Menzis. 
mareitt  with  Marione  Reid,  doither  to  Alexander  Reid  of  Petfodalis,  and  ^*^"^' 
prewest  of  Aberden,  the  xii  day  of  Januar,  the  yeir  of  Ged  1520  yeiris. 

Gilbert  Menzis,   eldest  sene   to    Thomas  Menzis,  prewest  ef  Aberdein  Menzis. 
was  boryne  the  tentt  day  ef  June,  the  yeir  of  God  1522  yeris. 

The  Lard  of  Meldrum,  quha  was  slayne  be  the  Maister  of  Forbes  in  [the]  Settone. 
prowestis  hewiss  in  Aberdeen,  departtit  the  penwlt  day  ef  Januar,  the  yer 
of  Ged  1526  yeris. 

And  I,  Walter  Cullen,  yewnger,  was  beryn,  as  I  hard  my  fader  and  my  Cullen. 
moder  say,   and  maik  raportt,   the   second  day  ef  Nowember,   the  yer  of 
God  1526  yeris. 


32 


THE    SPALDING    CLUB    MISCELLANY. 


[1541. 


Menzis.  Gilbert  Menzis,  prowest  of  Aberdenis  howise  towik  fyir  and  breintt,  the 

xxiili  day  of  Aguist,  the  yeir  of  God  1529  yeris. 

Rolland.  Wilzem   RoUand,  elder,  burgis  of  Aberden,   departit  the  laist  day   of 

October,  the  year  of  God  one  thousand  iyfe  hundreth  and  thretty  yeris. 

Dunbar.  Bischoip   Gawin  Dunbar,  bischoip  of  Aberden,  departtit  the  xvi  day  of 

March,  the  yeir  of  God  1531  yeris. 

Menzis.  Willem  Menzis,  fyft  sone  to  Thomas  Menzis,  prowpst  of  Aberdein,  was 

borine  the  vii  day  of  Februar,  the  yeir  of  God  1532  yeris. 

Chalmer.  Medonis  Chalmer,  lady  of  Fynlater,  departtit  the  saxt  day  of  ApriU,  the 

yeir  of  God  1532  yeris. 


James  the 
Fyit  Kyng. 


Kyng  James  the  Fyft  selitt  to  the  Illis  the  xxv  day  of  Julij,  the  yeir  of 
God  1534  yeiris. 


Collison.  Duncan  Collison,  bailye  of  Aberden,  departtit  the   sext  day  of  Aguist, 

the  yeir  of  God,  1536  yeiris. 


Maigdalin, 
Quhein. 


Queyn  Mag- 
(lalin. 


Praitt. 


And  alse  the  said  Kyng  James  the  Fyift  sailit  to  France  the  xv  day  of 
Aguist,  the  yeir  of  God  1536  yeris,  and  maritt  Magdalen,  doithar  to  the 
Kyng  of  France,  and  the  sayd  Queyne  Magdalen  departitt  the  vii  day  of 
Julij,  the  yeir  of  God  1537  yeris. 

Queyn  Magdalin,  dochtir  to  the  King  of  France,  and  Queyn  of  Scotland, 
departtit  the  sewint  day  of  July,  yeir  of  God  1537. 

Besse  Praitt,  doithar  to  Thomas  Praitt,  bailye  of  Aberden,  and  spowis 
to  Walter  Cullen,  bailye  of  the  said  burgh,  departtit  the  sewint  day  of 
Dissember,  the  yeir  of  God  1538  yeris. 


Besse  Praitt,  ane  of  the  doitharis  of  wmquhill  Thomas  Praitt,  bailye  of 
Aberdein,  and  spowiss  to  Walter  Cullen,  elder,  bailyie  of  Aberdein,  de- 
parttit owit  of  this  presentt  lyife  the  sewinth  day  of  Dissember,  the  yeir  of 
God  1538  yeris. 


1.547.]  THE   CHRONICLE    OF    ABERDEEN.  33 

Mare,  doither  to  the  Dwik  of  Gweis,  quha  was  maritt  on  Kyng  James  Mare,  Qiiein. 
the  Fyft,  landitt  in   Scotland,  at  Balcome,  in  Fyfe,  the  tentt  day  of  June, 
the  yeir  of  God  1538  yeris. 

Sir  William  Cowpar,  cheplane  in  the  pariss  kyrk  of  Aberden,  departtit  Cowpar. 
the  xxiii  day  of  Aprill,  the  yeir  of  God  1539  yeris. 

Androw  Cullen,  prowest  of  Aberden,  and  secund  sons  of  Robertt  Cullen,  Ciillen. 
bailye  of  the  said  burgh,  departtit  the  27  day  of  Januar,  the  yeir  of  God 

15[    ]. 

The  gawill  of  the  pariss  kyrk,  callit  the  waist  gawill,  was  compleitt  the  The  wayst 
yeir  of  God    1541  yeir.     Dauid  Anderson,   maister  of  wark  to  the  stein  l^^jj    °  '  '' 
wark  of  the  sayme  ;  and  Walter  Cullen,  elder,  maister  of  wark  to  the  glaiss 
wark  of  the  sayme. 

The  xxii  day  of  Marche,  the  yeir  of  God  1541  yeris,  departtit  Thomas  Brechinis 
Brechin  schip,  on  the  coist  of  Ingland,  at  Skerisburg,  with  thir  marchandis  ^'^  P" 
within  hir :  Thomas  Brechin,  John  Brechin,  Alexander  Ruderfurd,  James 
Ruderfurd,  Robert  Blak,  Alexander  Watson,  David  Banerman  and  his 
sone,  Andrew  Portar,  Johne  Reid,  John  Baid,  John  Arthour,  George 
Gwithere,  Johne  CoUisone,  Hendre  CoUison,  Alexander  Mar,  Duncan 
Kelle,  John  Mychell,  Wily  em  My  eh  ell,  Johne  Freser,  Thomas  Hay, 
yownger,  Androw  Wilson,  John  Fychaitt,  Gilbert  Anderson,  Patrick 
Mar,   Wilyem  Games,  James  Symson,  David  Fynne. 

Marre,   Queyn  of  Scotland,  doithar  to  Kyng  James  the  Fyft,  was  borin  Queyn  Mare. 
the  XXV  day  of  Nowember,  the  yeir  of  God  1542  yers. 

James  the  Fyft,   Kyng  of  Scotland,  departit  the  xiiij  day  of  Dissember,  Kyng  James, 
the  yeir  of  God  1542  yers. 

Gilbert  Menzes,  prowest  of  Aberden,  departtit  the  xxvii  day  of  Sep-  Menzis. 
tember,  the  yeir  of  God  1543  yeris. 

The  fedyll  of  Pynke  was  strekin  betuix  Scotland  and  Ingland,  the  sext  Pynke. 
day  of  September,  the  yeir  of  God  1547  yeris. 


34 


THE    SPALDING    CLUB    MISCELLANY. 


[1547. 


Ciillen. 


Robert  CuUen,  burges  of  Aberden,  and  eldest  sone  to  ane  honorabill 
man,  Walter  Cullen,  bailye  of  the  said  burgth,  departtit  in  the  feidill  of 
Peynky,  striken  betuix  Scoitland  and  Ingland,  the  tentt  day  of  September, 
the  yeir  of  God  1547. 

Malseor  Cullen,  burges  of  Aberden,  and  eldest  sone  to  an  honorabill 
man,  Jaispartt  Cullen,  bailye  of  the  said  burgth,  departtit  in  the  said 
feidill  of  Peynky,  the  said  day  and  yeir  aboiue  writtin. 


Pynke  fydill.  The  feidUl  of  Pynke,  betuix  Scoitland  and  Ingland,  was  strikin  be 
James  Earl  of  Eran,  gowernar  of  Scoitland  for  the  tyme,  and  the  Dwik  of 
Northock,  in  Ingland,  and  wyn  be  the  Inglis  men,  the  tentt  day  of  Sep- 
tember, the  yeir  of  God  1547  yeris  ;  quhairin  was  slayne  to  the  towne  of 
Aberden  thir  personis  efter  followin,  that  is  to  say,  Androw  Menzis, 
Robert  Cullen,  Melseor  Cullen,  Alexander  Gray,  Thomas  Scherar,  Wil- 
yem  Anderson,  Robert  Arthowr,  Johne  Lamb,  Alexander  Freser,  WUyem 
Rolland,  elder,  Wilyem  Rolland,  yownger,  James  Ardess,  Gilbert  Nicol- 
soun,  Maister  James  Torre,  James  Anderson,  Johne  Knowis,  Johne 
Maleson,  Thomas  Hay,  elder,  Johne  Setton,  Wilyem  Menzis,  Maister 
Johne  Gordone,  Hendre  Dwithe,  Robertt  Raittre,  Thomas  Patton,  Robert 
Wallis,   Duncan  Gae,  James  Preston,   James  Findlay,  Alexander  Forbes. 

Reid.  Marioune  Reid,  spowse   to  Thomas  Menzis,  prowest  of  Aberden,  de- 

partit  the  xx  day  of  September,  the  yeir  of  God  1551  yeris. 

Chalmer.  Mariore  Chalmer,  spowiss  to  Gilbert  Menzis,  prowest  of  Aberden,  de- 

parttit, the  saxt  day  of  Februar,  the  yeir  of  God  1553  yeiris. 

Anderson.  David  Anderson,  bailye  of  Aberden,  and  maister  sumtyme  of  the  kyrk 

wayrk,  departtit  the  xxiiij  day  of  Marche,  the  yeir  of  God  1555  yeiris. 

Cullen.  Maister  Androw  Cullen,  sone  to  Androw   Cullen,  prowest  of  Aberden, 

persone  of  Fetterneir,  and  wikar  of  Aberden,  departtit  owitt  of  this  pre- 
sentt  lyfe  the  sewint  day  of  Julij,  the  yeir  of  God  1560  yeiris. 

Tulidete.  Janett  Tulidefe,  doichter  to  an  honorabill  man,  Maister  Androw   Tuli- 

defe,  bailye  of  Aberden,  and  spowiss  to  me,   Walter  Cullen,  yowyngar, 


1568.]  THE    CHRONICLE    OE    ABERDEEN.  35 

burges  of  the  said  burgth,  departit  owitt  of  this  presintt  lyfe,  the  xxiii  day 
of  Aprill,  the  yeir  of  God  1561  yeir. 

Walter  Cullen,  elder,  bailye  of  Aberden,  and  eldest  sone  to  ane  honor-  Cullen. 
abill   man,    Androw    Cullen,  prowest   of  the    said   burgth,   departitt   the 
xxviii  day  of  October,  the  yeir  of  God  1561  yeir. 

The  vii  day  of  Dissember,  the  yeir  of  God  1563  yeris,   Alexander  Cul-  Cullen. 
len  and  Elspaitt  Lumisden  had  ane  doithair  baptist  in  Aberden,  be  Maister  Lumisden. 
Adam  Herioitt,  minister,  gottin  in  mareage,  callit  Isbell.     Thomas  Nicol- 
son,  Isbell  Keycht,  Mariore  Menzis,  witnessis  to  the  sayme. 

The  xxiiij  of  September,  the  yeir  of  God  1565  yeris,  Alexander  Cullen,  Cullen. 
and   Elspaitt  Lumisden,  haid  ane  sone  baiptist  in   Aberden,  be   Maister  Lumisden. 
Adem  Herioitt,  minister,  gottin  in  mareage,  callit  Andro.    Patrick  Menzeis, 
Andro  Buik,  Maister  Menzis,  witnessis  to  the  sayme. 

The  nynt  day  of  Februar,  the  yeir  of  God  1566  yeris,  Hendry  Stwartt,  Kyng  Hemlry. 
Lord  Darly,  Kyng  of  Scotland,  quha  maritt  Mare  Stwartt,  Queyne  of 
Scoitland,  doithar  to  Kyng  James  the  Fyft,  was  crwelly  mwrdryst,  wnder 
nycht,  in  Edinburg,  in  the  Kow  Geatt,  at  the  kyrk  of  Fydill,  be  James 
Habrwin,  wmquhill  Erll  of  Boydwall,  and  oderis  his  assisteris.  Quhais  deid 
God  to  rewenge.    So  be  it. 

The  birtht  of  the  Kyng.     On  Wednisday  the  nyntin  day  of  June,  the  James  the 
yeir  of    God   1566  yeris,   owir  kyngis  grace,  James  the    Saxt,  Kyng  of  g*^''.    y"'" 
Scoitland,  was  boirin  in   the  Castell  of  Edinburg,  quha  ryngis  nowe  aboyf 
ws,  quhome  God  most  preserwe  in  gwid  helth,  and,  in  the  feir  of  God,  to 
do  justice  in  punessing  of  wrayng,  and  in  manttinyn  the  trowcht,  all  the 
dais  of  his  lyfe.     So  be  itt. 

Thomas  Nicolson,  bailye  of  Aberden,  departtit  in  his  schip  on  the  coist  Nicolson 
of  Holland,  the  xx  day  of  Januar,  the  yeir  of  God  1568  yeris,  with  thir  ^^"^  ^^'' 
marchandis  beand  in  cumpany  with  hym,  quha  departtit,  Androw  Cullen, 
Thomas  Knowis,  Walter  Anderson,  Alexander  Chalmer,  Walter  Pyterkin, 
William  Portar,  Alexander  Cowy  and  his  sone,  Johne  Reid,  Andrew 
Dwertty,  Johne  Myll,  Wilyein  Scoitt,  Duncan  Dauidson,  James  Ewyne, 
Alexander  Nowin,  Johne  Aquenlek,  Johne  Mathoson. 


36 


THE   SPALDING   CLUB    MISCELLANY. 


[1568. 


Cullen. 
Lumisden. 


The  xxiii  day  of  Marche,  the  yeir  of  God  1568  yeris,  Alexander 
Cullen,  and  Elspaitt  Lumisden,  haid  ane  sone  baiptist  in  Aberden,  be 
Maister  Adem  Herioitt,  minister,  gottin  in  mareage,  callit  Robertt.  Gil- 
bert Menzis,  youngar,  Robert  Menzis,  elder,  Isbell  Menzis,  witnessis  to 
the  sayme. 


James,  Re- 
gent. 


The  twenty  thre  day  of  Januar,  the  yeir  of  God  1569  yeris,  James, 
Erll  of  Mwrray,  Lord  Abernethe,  regent  to  the  kyng,  and  realme  of  Scoit- 
land,  was  crwelly  murdrist,  and  schoitt  in  the  town  of  Lythco,  be  ane  false 
traytowir,  James  Hamylton  of  Bodwallhaucht,  be  the  conspyrase  and 
traisson  of  his  awin  serwant,  Wilyem  Kyrcaldy,  and  Johne  Hamylton, 
bludy  bischoip  of  Santandros.  Quhoise  deid  we  pray  God  to  rewenge. 
So  be  it. 


Writin  be  me,   Walter  Cullen,  reder  of  Aberden,   the  19  day  of 
Marche,  the  yeir  of  God  1570  yeris. 
This  prophece  is  fund  in  ane  old  cronikill  of  ane  Italiane,   writin  tway 
hundrecht  yeir  sein,  and  the  copie  thairof  send  in  Gerraanie,  and  was  gottin 
fray  ane  Joachimis  Camerarius,  extendand  to  the  yeir  of  God  1580  yeris  : 


rarrana  ueuiei,         .... 
Syprus  a  syon  recedet, 

71 

Pastor  non  erit, 

72 

Ira  dei  super  nos, 

73 

A  paucis  connoscetur  Cristus, 

74 

Praelum  magnum  erit  in  vniuersa  ter 

-a. 

75 

Affrica  ardebet. 

76 

Surget  vir  maximus, 

77 

Europa  trepidabit. 

78 

Fames  erit  super  vniuersam  terram, 

79 

Fiet  vnum  ouile  et  vnus  pastor, 

80 

Cullen. 
Lumisden. 


The  laist  day  of  Julij,  the  yeir  of  God  1570  yeris,  Alexander  Cullen  and 
Elspaitt  Lumisden  haid  ane  sone  baptist  in  Aberden,  be  Maister  Adem 
Herioitt,  minister,  gottin  in  mareage,  callit  Alexander.  Gilbert  Gray, 
Alexander  Menzis,  Mause  Rattray,  witnessis  to  the  sayme. 


The  second  day   of  Aprill,   the  yeir  of  God    1571   yeir,   the  castel  of 
Dumbertan  wes  wyne  be  Erll  Mathow  Stewarttis  men  of  weir,  regentt  for 


1571.]  THE    CHRONICLE    OF    ABERDEEN.  37 

the  tyme  to  the  Kyngis  grace,  in  the  quhilkis  wes  my  Lord  Flemyn,  quha 

fled  away  be  sey,  and  Johne,  byschoip  of  Sant  Aiidrois,  quha  wes  tayne,  and  Hamylton, 

thairefter  haid  to  Stirwilyng,  and  hayngit  the  sewint  day  of  the  said  monett,  '""^"'"P- 

as  ayrtt  and  partt  of  the  rawrder  of  James,  Erll  of  Murray,  regent  afor  to 

the  Kyngis  grace. 

The  viii  day  of  Aprill,  the  yeir  of  God    1571   yeris,    Maister   Andro  Lesly. 
Lesly,   person  of  Fetterner  and  scherreife  dark  of  Aberdein,  depertit  owit 
of  this  present  lyfe. 

The.thred  day  of  May,  the  yeir  of  God  1571  yeiris,  the  towine  of  Edin-  Edinburg. 
burg  was  haldin  contrar  the  Kyngis  grace,  and  his  regentt,  Erll  Mathow 
Stewartt,  regent  for  the  tyme,  thir  lordis  beand  within  it,  the  Erll  of  Erand, 
Hamilton ;  Erll  of  Huntly,  Gordone  ;  Lord  Hwym  ;  Makswall,  Herris ; 
the  Secretar,  Maitland ;  President  Balfour;  the  Bischoip  of  Dunkell;  Ab- 
boitt  Arbrocht,  Hamylton ;  Aboitt  Kynwyning,  Hamylton ;  Glowyd 
Hamylton  ;  with  mone  oderis  barrownis  and  gentilmen. 

The  xvi  day  of  June,  1571  yeir,  the  Aboytt  of  Kynwynning  was  slayne  at  Blak  Parlia- 
the  fydill  besyd  the  Abbay,  callit  the  Blak  Parliament,  with  syndre  oderis,  ™^"'- 
to  the  nwmer  of  iii"  ;  and  Captane  James  Cullen  was  tayne,  with  my  Lord 
Howyme,  with  oderis  gentillmen  and  suderts,  to  the  nowmer  of  iiij^^  men  ; 
and  this  was  dowin  be  my  Lord  Morton  and  my  Lord  Lyndsay,  with  oderis  Morton. 
nobillis  and  gentillmen  of  the  Kyngis  grace  faikcione.  Dowglas. 

On  Satterday,  the  sewint  day  of  JuUi,  the  yeir  of  God  1571  yeris,  Johne  Cullen. 
Cullen,   sone   to  me,    Walter    Cullen,   burgis  of  Aberden,   was  borin,  and   ^""''eie. 
gottin  in  mareage  on  Elspaitt  Tulideffe,  my  wyfe,  and  baiptist  in  Aberden, 
be  Adem  Herrioitt,  minister  for  the  tyme.    Maister  John  Kenedy,  Robertt 
Forbes,  Margaret  RoUand,  witnesses  to  the  sayme. 

The  xvii  day  of  Juliij  the  yeir  of  God   1571  yeris,  Captane  James  Cul-  Captaine 
len  was  hedyd  at  Leycht,  for  assistin  with  thayme  in  Edinburg.  Cullen. 


The  xxiiij  day  of  August,  1571  yeris,  the  grytt  and  crwU  mwrther  and  Massacre 
messecar  of  Paris  wes  committit  be  Hendre,   Kyng  of  France,  and  the  ^^'■'*- 
Dwik  of  Gwyse,  with  consent  of  the   haill  papithis  of  that  religione,  efter 


38 


THE    SPALDING   CLUB    MISCELLANY. 


[1571. 


the  decre  of  the  Consall  of  Trentt,  nocht  allanerlly  in  Paris,  bott  in  the 
maist  notabill  townis  of  France,  of  all  thayme  that  profest  Cristis  trew 
relififione. 


Lyndsay. 


Mathow  re- 

arentt. 


Watseii. 
Meydilton. 


Tillianguss. 


The  penwlt  day  of  Agwist,  1571,  thair  was  ane  skarmyss  betuix  my 
Lord  Lyndsay  and  the  Lard  Wyrmyston,  at  the  Calsay  at  Leytht,  quhair 
my  Lord  Howim  was  tayne,  and  thaireftir  conwoit  away  on  the  day  sayd. 
Sir  James  Hallyburton  tayne  be  the  men  of  Edinburhg,  thay  beand  iiii"^ 
horsemen,  by  futmen.  My  Lord  Lyndsay  nocht  beand  halfe  say  mone, 
gaytt  the  wictorie. 

The  fowirtt  day  of  September,  the  yeir  of  God  1571  yeris,  Mathow 
Stwartt,  Erll  of  Lenoix,  regentt  to  the  kyngis  grace  and  realme  of  Scoit- 
land,  was  slayne  in  Stirweling,  efter  he  was  tayne  be  ane  Captane  Cawder, 
quhilk  coyme  owit  of  Edinburg  with  my  Lord  Huntly.  And  the  Lard  of 
Wormyston,  prensepall  to  the  horsemen,  quhay  was  slayne,  beand  to  the 
nwraer  of  iiij'=  men,  and  haid  tayne  syndre  of  the  lordis,  thayne  beand  in 
handis,  war  resquwitt  be  the  Erll  of  Mar.  The  said  Caiptane  Cawder  was 
tayne  and  broakin  on  the  rowe,  and  George  Bell  hangit. 

The  fowirtt  day  of  September,  the  yeir  of  God  1571  yeris,  George 
Watson,  and  Baitraiche  Mydilton,  haid  ane  doithar  baiptist  in  Aberden,  be 
Maister  Adem  Herioitt,  minister,  gottin  in  mareage,  callit  Elspaitt.  Alex- 
ander Oglay,  Elspaitt  Lumisden,  Janett  Branche,  witnessis  to  the  sayme. 

The  tent  day  of  October,  the  yeir  of  God  1571  yeris,  the  fedill  of  Til- 
liangwiss  was  strikin  be  Adem  Gordoune  and  Arthowir  Forbes,  bruder  to 
my  Lord  Forbes,  quhair  the  said  Arthowir  was  slayne,  with  syndre  oderis 
of  his  kyn  ;  and  on  the  oder  syd,  Johne  Gordone  of  Bulky,  and  syndre 
hurtt  on  bayth  the  sydis. 

The  twenty  day  of  Nowember,  the  yeir  off  God  1571  yeris,  the  fedill 
of  the  Craibstayne  was  strikin,  be  Johne  Maister  of  Forbes,  and  Adem 
Gordone,  bruder  to  my  Lord  Huntly,  quhair  the  said  Johne  tyntt  the 
fedill,  and  was  tayne,  and  syndre  of  his  kyne  and  frendis  slayne,  to  the 
nwmer  on  bayth  the  sydis  iii^  or  thairby;  and  gwid  Duncan  Forbes 
slayne  the  said  day. 


1572.]  THE    CHRONICLE    OF    ABERDEEN.  39 

Johnne  Tulidefe,    elder,  burgis  of  Aberden,  departtit  the  fyrst  day  of  Tulidefe. 
Dissember,  the  yeir  of  God  1571  yeir. 

The  twente  saxt  day  of  April!,  the  yeir  of  God   1572  yeiris,  Maister  Goidone. 
Robertt  Gordone,  bruder  to  my  Lord  Huntly,  was  schoytt  with  ane  dayg 
in  the  heid,  be  Willeim  Gordone  of  Letterfure,  and  that   in  James  Gor- 
donis  pleise  of  Creyen. 

Elizabeth  Keyth,  the  spowiss  of  Maister  Robertt  Lumisden  of  Cloway,  Keyth. 
and  bailye  of  Aberden,  departtit  the  laist  day  of  June,  the  yeir  of  God 
1572  yeiris. 

The  penwlt  day  of  Julij,  the  yeir  of  God  1572  yeris,  the  Abstenense  Abstinanse. 
was  taykyn  betwis  Johne  Erll  of  Mar,  Lord  Erskin,  regent  to  the  Kyng  for 
the  tyme,  and  the  lordis  beand  in  Edinburg  of  the  Quenis  faictione,  and 
that  in  hoip  of  pece,  and  on  the  morine  the  said  towne  was  renderit  to  the 
regent  in  the  Kyngis  nayme,  and  to  the  indwellaris  thairof,  and  proclama- 
tione  in  the  Kingis  nayme,  and  his  attoraty  set  fowirtht  thair  eftir. 

Thomas  Nicolson,   elder,  burgis  of  Aberden,  qua  dwellitt  by  the  hoiste-  Nicolson, 
pittall,  departtit  the  16  day  of  Aguist,  the  yeir  of  God  1572  yeris. 

The  xxiiij  day  of  Augwist,  the  yeeir  of  God  1572  yeris,  Jaispart  of  CuUen,  Cullen,  Ad- 
gryt  Admerall  of  France,  was  crwelly  mwrdrist  in  Paris,  onder  colluir  of  p^"^'^  ' 
frendschip,  at  the  Kyng  of  Nawernis  brydell,  and  onder  nycht,  be  the 
moist  cwrsitt  Kyng  of  France,  Monsuir  his  bruder,  and  be  the  dewyse  of 
the  paip,  cardinallis,  bischoipis,  aboittis,  priowris,  monkis,  freris,  chan- 
nownis,  prestis,  nwnis,  and  haill  rabell  of  that  dewillige  sowrtt  of  papistis, 
dewisitt  at  the  Cunsall  of  Treyntt.  Quhois  crwell  mwrdir  we  pray  God  to 
rewenge.     So  be  it. 

The  xiii  day  of  October,  yeir  of  God   1572  yeris,  Alexander  Cullen  and  Cullen. 
Elspaitt  Lumisden,   haid  ane  sone  baiptist  in  Aberden,  gottin  in  mareage    l^"""*'''^"- 
callit  Patrik.     Maister  Patrik  Ruderfurd,    Alexander  Forbes,   Isbell  Tuli- 
defe, witnessis  to  the  same. 

The  XX  day  of  October,   the  yeir  of  God   1572  yeris,    Walter  Cullen,  Cullen. 


40  THE    SPALDING    CLUB    MISCELLANY.  [1573. 

Tiilidefe.  reder,  and  Elspait  Tulidefe,  had  ane  doither  baiptist  in  Aberden,  gottin  in 

mareage,  callit  Margrett.  Patrick  Hay,  Margret  Keytht,  Elspait  Lamb, 
witnessis  to  the  sayme. 

Jameson.  Wily  em  Jameson,  may  son,  and  maister  maison  to  the  kyrk  and  bryg  wark 

of  Dee,  and  ellis  was  maid  burgis  of  Aberden  for  the  same  cawse,  departtit 
the  xxvil  day  of  Marche,  1573  yeir. 

The  seyige  The  xvi  day  of  May,  the  yeir  of  God  1573  yeris,  the  fyrst  schoitt  of  can- 

wine  was  schoitt  at  the  castell  of  Edinburg,  be  the  Inglis  men,  in  the  Kyngis 
of  Schottlandis  nayme,  and  haldin  be  the  Lard  of  Graynge,  in  contrair  the 
Kyng,  and  his  Regentt,  James,  Erll  of  Morttowne,  regent  for  the  tyrae. 

The  wynning  The  xxix  day  of  May,  the  yeir  of  God  1573  yeris,  the  said  castell  of 
ol  the  castell.  Edinburgh,  wes  win  be  Caiptan  Hwim,  and  Caiptane  Crawfurd,  and 
some  of  the  Inglis  men,  and  raynderitt  to  the  regentt  in  the  kyngis 
nayme,  in  quhilkis  war  tayne  presonaris,  Wilyem  Kyrcaldy,  wmquhell 
Lard  of  Grayng,  Caiptane  Wilyem  Maitland  of  Ledinton,  wmquhell 
Secretar,  my  Lord  Hwym,  the  Bischoip  of  Dunkell,  the  Secretaris  bruder, 
wmquhell  Priowv  of  Kowdingaym,  the  Laird  Lastarik,  with  syndre  oderis 
gentill  men  burgeses  and  suderts. 

Kyrcaldy.  The  thre  day  of  Agwist,  yeir  of  God   1573   yeris,    Wilyem   Kyrcaldy, 

sumtyme  Lard  of  Graynge,  and  caiptane  of  the  castell  of  Edinburgh, 
was  hayngit,  and  his  held  cutitt  frome  his  body,  for  haldin  of  the  said 
castell,  contrar  the  kyng,  and  oder  treasonabell  deidis  commyttit  be  him  ; 
and  siclyk,  his  bruder,  Maister  James  Kyrcaldy,  was  hayngit  in  lyk 
maner,  for  tresson,  to  gyfe  oderis  exampill  to  serwe  trewally  God  and  thair 
kynge. 

Crai^,  mini-  The  sext  day  of  Aguist,   the  yeir  of  God   1573  yeris,    Maister  Johne 

^t^""-  Craig,  minister,  coyme  to  Aberdein,  quho  was  apoynttit  be  the  gennarall 

kyrk  minister  of  the  said  burgth,  quhome  God  moitt  continew  in  the  trew 

prechin  of  his  word  to  the  pepill  thairof. 

Lesly.  Alexander  Lesly,  Lard  of  Wardes,  departtit,   in  Aid  Aberden,  the  xxix 

day  of  September,  the  yeir  of  God  1573  yeiris. 


1575.]  THE    CHRONICLE    OF    ABERDEEN.  41 

Willem  Marchall,  kwlk  in  Aberden,   departtit  the  fowirtt  day  of  Aprill,  Marchall. 
the  yeir  of  God  1574  yeris. 

Gilbert  Knowis,  elder,  burgis  of  Aberden,  was  slayne  be  James  Gordon, 
bruder  to  the  Laird  of  Abergeldy,  at  the  Calsay  end,  gayndand  to  the 
Crowis,  the  fyrst  day  Dissember,  1574  yeris.  Gilbert  Knowis,  his  sone, 
also  was  slayne  be  the  said  James,  haifand  in  company  with  him  William 
Dauidson,  burges  of  Aberden,  the  said  day  above  wrytin. 

Meggye   Emsly,   pwir    woman   in    Aberden,   departtit   the  xxii    day  of  Emsly. 
Februar,  the  yeir  of  God  1574  yeiris. 

The  awicht  day  of  Agwist,  yeir  of  God  1574  yeiris,  James,  Erll  of  Dowglas. 
Mortone,  Lord  of  Dalkeyth,  regentt  to  the  kingis  grace,  his  raellme, 
and  leigis,  coyme  to  Aberden,  and  held  ane  Justice  aeir,  quhair  the 
towyne  of  Aberden  puitt  for  thair  compone  thre  thowsand  markis  of 
monne  for  rasetting  of  Adem  Gordone,  beyng  rabell  to  the  kyngis  grace. 
The  said  regent  departit  owit  of  the  towne  the  [  ]  day  of  the  said 
monett. 

Alexander  Holland,  yowngar,  burges  of  Aberden,  departtit,  in  Lowrane 
Markaitt  in  the  Garioche,  and  was  buritt  in  the  kyrk  of  Rayne,  the  fowirtt 
day  of  Aguist,  the  yeir  of  God  1574  yeris. 

The  XV  day  of  Aguist,  yeir  of  God  1574  yeiris,  my  sone,  Duncan 
CuUen,  departtit  ouitt  of  Aberden  to  Dayneskin,  in  ane  schip  of  Monross, 
Dauid  Fowillarton  schipar. 

Johne  Ewyne,  burgis  of  Aberdene,  was  conwikytt  for  false   coynze,  and  Ewyne. 
hayngitt,  his  held  cuttit  fray  his  body,  the   xxvi  day  of  Agwist,  the  yeir  of 
God  1574  yeiris. 

Maister  Adem  Herioitt,  fyrst  minister  of  the  trew  word  of  God  in  Aber-  Herioitt. 
den,  departtit  the  xxviij  day  of  Agwist,  the  yeir  of  God  1574  yeiris. 

Janett  Aquinlek,  lady  of  Tiparty,  departtit,  in  Aberden,  the  fowirt  day  Aquhinlek. 
Marche,  the  yeir  of  God  1575  yeiris. 


42  THE    SPALDING    CLUB    MISCELLANY.  [1575. 

Gardin.  Janett  Gardiii,  medwyfe  in  Aberdeen,  departtit  the  xiii  day  of  3Iarche, 

the  yeir  of  God  1575  yeris. 

Rolland.  Dauid  Rolland,  burgis  of  Aberden,  and  chanter  in  the  kyrk,  departtit 

the  XV  day  of  June,  the  yeir  of  God  1575  yeris. 

(iray.  Gilbert  Gray,  ane  of  the  pwirell  of  Aberden,   departtit  the  xix  day  of 

June,  the  yeir  of  God  1575  yeris. 

Watson.  Johne  Watson,  belman  of  Aberden,  departtit  the  xiij  day  of  Aguist,  the 

yeir  of  God  1575  yeris. 

LiHiiisden.  Margrett  Lumisden,  lady  of  Lesly,  and  doithar  to  Maister  Robert  Lurais- 

den,  bailye  of  Aberden,  departtit,  in   the  Garoiche,  the  xx  day  of  Aguist, 
the  yeir  of  God  1575  yeris. 

Menzis.  Issabell  Menzis,  lady  of  Dwirn,  and  spowiss  to  Johne  Lowson,  departtit 

the  saxt  day  October,  1575  yeris. 

Freser.  Johne  Freser,  demster  in   Aberden,  departtit  the  xxii  day  of  October, 

the  yeir  of  God  1575  yeris. 

Chalmer.  Maister  Johne  Chalmer,  burgis  of  Aberden,  and  clayrk  of  the  consistore 

in  Aid   Aberden,  departtit  the  xxvi  day  of    October,    the  yeir  of    God 
1575  yeiris. 

Stray quheu.  Wilyem  Stray quh en,  sone  to  the  Lard  Glenkindy,  departtit  the  xi  day  of 

Nowember,  the  yeir  of  God  1575  yeris. 

(ieddy.  Johne  Geiddy,  sumtyme  ane  gray  freir  in  Aberdeen,  departtit  the  xx  day 

of  Nowember,  the  yeir  of  God  1575  yeris. 

Isbell  Lesly,  doithair  to  John  Lesly  of  Balquhain,  departtit  the  fowrtt 
day  of  Februar,  1576  yeris. 

Maister  Olifer   Panton,  burgis  of  Aberden,   ane  of  the  consistore,   de- 
parttit the  xiii  day  of  Merche,  1576  yeris. 


1576.]  THE   CHRONICLE    OF    ABERDEEN. 


43 


Maister  Theophelus  Stuartt,  maister  of  the  graraer  skwill  of  Aid  Aber- 
den,  departtit  the  xx  day  of  Marche,  157()  yeris. 

Margrett  Foularton,  the  spowiss  of  Rechart  Elpbeston,  glaissen  wrycht 
in  Aberden,  departtit  the  secund  day  of  Aprill,  1576  yeris. 

Edward  Reid,  warkman  in  Aberden,   departtit  the  sext  day  of  Aprill, 
1576  yeris. 

Marione  Ronaldson,  the  spowiss  of  Mathow  Gwill,  swend  slipar  in  Aber-  Ronaldsun. 
den,  departtit  the  viij  day  of  Aprill,  the  yeir  of  God  1576  yeris. 

The  fyrst  day  of  May,  the  yeir  of  God  1576  yeris,  was  say  ewill,  the  woynd  The  ewill 
and  wey tt  at  the  waist  northt  waist,  with  gryt  schowiris  of  snaw  and  sleytt>      "-^  ^  '^^ ' 
that  the  lyik  was  nocht  sene  be  theyme  that  was  lefand  in  mone  yeris  afor 
say  ewill. 

Johnne   Fudes,  Gillis   Blak,   Jolin  Munro,    John  Freeman,   fischeris  in  Fudes. 
Fuitde,  cumand  in  on  the  bar,  departtit  the  viii  day  of  May,   the  yeir  of 
God  1576  yeiris. 

Maister  Johne  Fulsurd,  sumtyme  ane  quhitt  freir  in  Aberden,  and  ser-  Fulsurd. 
wand  to  Thomas  Menzis,  prowest,  departtit  the  xx  day  of  May,  the  yeir  o' 
God  1576  yeris. 

James  Sayng,  trawelor  in  Aberden,  departit  the  saxtt  day  of  Julii,  1576 
yeris. 

On  Munday,  the  thred  day  of  September,  the  yeir  of  God  1576  yeiris.  The  northt 
the  beigin  and  thikin  of  the  rwife  of  the  northt  yell  of  owr  parrise  kyrk,  ^  " 
callit  the  Hailleblwid  yill,  was  begwin  be  ane  honorabill  man,  Alexander 
Cullen,  bailye  of  Aberden,  beand  maister  of  the  kyrk  wark  for  the  tyme ; 
of  the  quhilkis  yill  thair  was  xvi  cowipill  pwitt  owip  and  thikittit  with  leid 
the  said  moneth,  that  beand  done  for  that  yeir,  Johne  Craik  beand  wrycht, 
George  Wscheartt,  Rychart  Elphiston,  plumaris,  and  Andro  Baillie  bein 
maison.  And  the  rest  of  the  xvi  cowpill  was  thikitt  with  leid  the  xix  day 
of  October,  the  yeir  of  God   1577  yeris,  be  the  said  Alexander  Cullen, 


44 


THE    SPALDING    CLUB    MISCELLANY. 


ri576. 


The  northt 

jyii. 


Menzis, 
jirowest. 


raaister  of  the  kyrk  wark,  and  pwitt  on  be  George  Wschartt,  plummer  for 
the  tyme. 

The  rest  of  the  north  jyll  was  thikeitt  all  to  fyf  clayse  of  leid,  and  that 
be  Alexander  Cullen,  maister  of  the  kyrk  wark,  the  said  yeir  aboue  wryt- 
tin,  at  the  command  and  expensis  of  the  toune  of  Aberden.C) 

On  Monday,  the  fyrst  of  October,  the  yeir  of  God  1576  yeiris,  Gilbert 
Menzis,  vowngar,  sone  to  Thomas,  was  electit  and  choissin  prowest  for 
that  instant  yeir.  Dauid  Mar,  Maister  George  Mydilton,  Gilbert  Coli- 
son,  Robert  Menzis,  bailyis.  Alexander  Rolland,  Gilbert  Kyntor,  Thomas 
Woid,   Thomas  Dikson,  ofTeciaris. 


On  Furisday,  the  sewint  day  of  October,  the  yeir  of  God  1576,  it 
blow  at  the  soithest  of  woynd  and  weytt,  that  the  lyk  was  not  sein  in  mone 
yeris  afor. 

Huntly.  On  Setterday,  the  xx  day  of  October,  the  yeir  of  God  1576  yeris,  departtit 

ane  honorabill  man,  George  Erll  of  Huntly,  Lord  Gordon,  with  gryt  lament 
of  the  countrey  ;  and  leyft  his  eldest  sone,  beyne  of  the  aige  of  xvi  yeris. 

Huntly.  George,  Erll  of  Huntly,  departtit  in  Straybogy,  the  xx  day  of  October, 

the  yeir  of  God  1576  yeiris. 

Mr.  Alexander  Anderson,  wmquhell  prensipill  of  the  College  of  Aber- 
den,  beand  excomunicatt  contrayr  the  religione,  and  at  the  kyngis  home, 
departit  the  xxiij  day  of  Jauuar,   1577. 

Athoell.  The  vii  day  of  Marche,  the  yeir  of  God  1577  yeris,  begwith  ane  rebel- 

Argyll,  lione  of  the  Lordis  agaynis  the  Regentt,  quha  paist  to  Stirling,  quhar  the 

Kyngis  grace  was  for  the  tyme,  be  the  wayis  of  the  Erll  of  Athoill  and  Argyill. 

Chansler.  The  xvii  day  of  Marche,  yeir  of  God  1577  yeris,  Johne  Lyone,   Lord 

Glaymife,  chansellar  of  Scotland,  was  slayne,  in  the  towne  of  Stirwelyn, 
be  the  Erll  of  Craufurd. 


(')  [This  entry  occurs  under  the  year  lo84.j 


1577.]  THE   CHRONICLE    OF    ABERDEEN.  45 

On  Mondday,  the  xxiiij  day  of  Marche,  the  yeir  of  God    1577   yeris,  Regentt. 
the  Regentt  James  Erll  of  Mortone  was  dischargitt  of  the  regentscip,  be 
opin  proclamatioune  of  the  Kyngis  letteris  att  the  corse  of  Aberden,   sub- 
scriwitt  with  the  Kingis  hand. 

John  Bonar,  trawelowr  in  Aberden,  departtit  the  vi  day  of  Aprill, 
1577  yeris. 

Wilyein  Browin,  dwell  [and]  onder  Gilbert  Menzis,  elder,  in  Rochink, 
drownit  at  the  Breig  of  Mareculter,  and  coyme  [down]  the  watter  to  the 
Ness,  and  was  buritt  in  Aberden,  the  xxi  day  of  May,   1577  yeris. 

Adem  Donaldson,  sawister,  wes  conwikit  be  ane  assyse  for  the  slaichter 
of  Johne  Tawiss,  and  wes  heiditt  the  xxv  day  of  May,  1577  yeris. 

Marione  Merschall,  spowis  of  Alexander  Myll,  fidlar  in  Aberden,  de- 
parttit the  xiij  day  of  June,   1577  yeris. 

The  xxvi  day  of  June,  the  yeir  of  God  1577  yeris,  Schir  Johnne  Coli-  Colison. 
son,  subchanter  of  Aberden,  and  wikcar  of  Aberden,  maid  consuedind,  and  Go'"*^'^"''- 
ordinett  Maister  Walter  Gordone,  his  procuratur,  to  demitt  the  said  wicca- 
raige,  in  my  Lord  of  Aberdenis  hand,  in  faworiss  of  Walter  Cullen,  his 
eyme  and  reader  of  Aberden,  to  the  said  Walter  and  his  facturis,  reser- 
wand  the  said  wicarage,  and  haill  profittis  thairof,  to  the  said  Schir  Johnne 
for  his  lyftyme.  On  the  quhilkis  the  said  Walter  CuUen  twik  instrumentt 
in  the  handis  of  Maister  Thomas  Malison,  notar,  afor  thir  witnesses,  Mr. 
John  Robertson,  Thomas  Maueris,  Alexander  Gleig,  with  oderis  diveris; 
and  iraidiatly  thaireftir,  on  the  said  day,  quhilk  is  the  xxvi  day  of  June,  the 
said  Maister  Walter  Gordone  deraittit  the  said  wicarage,  in  my  Lord  of 
Aberdenis  hand,  be  ane  ryng  ;  and  thairefter,  the  said  lord  geyf  the  said 
Walter  Cullen  collacioun,  be  the  said  ryng  on  his  fynger,  in  Alexander 
Chalmeris,  youngeris,  howise ;  6n  the  quhilkis  the  said  Walter  twik  instru- 
mentis  in  the  handis  of  Master  Thomas  Malisone,  and  Maister  Johne  Ro- 
bertsonis  handis,  befor  thir  witnessis,  Maister  Robert  Lumisden,  Maister 
Walter  Gordone,  George  Knowis,  Thomas  Maueris,  Wilyem  Setton, 
Alexander  Gleig,  with  oders  diweris. 


46 


THE    SPALDING    CLUB    MISCELLANY. 


[157 


■  John  Robertson,  dwelland  onder  my  Lord  Salton,  peressitt  at  the  Saynd 
ness,  in  the  watter,  sawand  Alexander  Myll,  the  sext  day  of  Agust,  1577 
yeris. 

Wilyem  Gordone,  bischoip  of  Aberdene,  departtit  the  saxt  day  of  Aguist, 
1577  yeris. 

Menzis,  On   Monday  the  7  day  of  October,    1577   yeris,    Gilbert  Menzis   wes 

prowest.  choissin  prowest  for  that  yeir. 

The  namis  of  the  elderis  and  deaconis  ellectit  and  choissin  be  the  kyrk 
and  congregatione  of  Aberden,  and  inaguraitt  be  Maister  Dauid  Cun- 
nyngayme,  bischoip  of  Aberden,  the  secund  day  of  his  prechin,  quhilkis 
was  the  xiii  day  of  October,  the  yeir  of  God  1577  yeris,  and  that  for  the 
sayd  yeir : 

Elderis.  Deaconis. 

Robertt  Menzis.  Androw  Schevas. 

Maister  George  Midilton.  Patrik  Hunter. 

Maister  George  Joniston.  Thomas  Gray. 

Alexander  Ruderfurd.  Johnne  Rolland. 

Maister  Robertt  Lumisden.  Thomas  Dwne. 

Maister  Patrik  Ruderfurd.  Patrik  Hay. 

Gilbert  Collison.  Dauid  Fergeson. 

Alexander  Cullen.  Wilyem  Loremer. 

Alexander  Chalmer. 
Wilzem  Menzis. 
Gilbert  Gray. 
Androw  Brabener. 

The  minister,  Maister  Johne  Craig. 
The  reder,  Walter  Cullen. 
The  clayrk.  Hew  Herwe. 
Gilbert  Kyntor,  officiar. 

Uunyngayme,        On  Monenday  the  xi  day  of  Noweraber,  the  yeir  of  God  1577  yer,  Mais- 

bescoip.  jpp  Dauid  Cunyngayme,  sone  to  the  lard  of  Cungngaymeheid,  was  consicratt 

biscoip  of  Abirden,  in  the  said  kyrk,  be  Maister  Patrik  Constance,  biscoip 


1578.]  THE   CHRONICLE    OF    ABERDEEN.  47 

of  Sanctandrowse,  quha  maid  the  serraond.     Maister  Johne  Craig,  minister 
of  Aberden,  Maister  Andro  Strayquhen,  minister  of  [  ],  collat- 

traris,  and  that  in  presense  of  the  haill  congregatioune  of  Aberden,  with 
oderis  of  the  cuntre  present  for  the  tyme. 

On  Wedinsday  the  xiij  day  of  November,  the  yeir  of  God  1577  yeiris,  Ane  blaisin 
was  sene  at  ewin  ane  blaissin  starin,  quhilk  stuid  in  the  wast,  and  continywat  **'"""''• 
that  nycht,  to  the  gryt  admeratioune  of  the  pepill. 

The  xxvi  day  of  Nowember,  the  yeir  of  God  1577,  the  schip  callit  the 
Felcone,  perttening  to  Dauid  Endiaoche,  Andrew  Kyng,  Androw  Jaik, 
and  Martin  Howeson,  brack  at  Hartilpwill,  in  Ingland,  and  loist  her  haill 
gwidis,  with  John  Hay,  marenell  in  Aberden,  and  his  sone,  and  tway  mar- 
chandis  of  Montrose. 

The  yeir  of  God  1578  yeris,  was  ane  gryt  daricht  of  all  kynd  of  wittallis 
throicht  all  Scoitland,  that  the  lyke  was  nocht  sene  in  nay  manis  day  afor. 
The  meill  wes  said  for  sax  s.  the  peck,  the  aill  for  x  d.  the  poyntt,  the  wyne 
for  the  best  schaip,  xl  d.  the  poyntt ;  fysh  and  flaische  was  skaynt  and  der. 

Maister  Edward  Menzis,  sumtyme  cheplane  of  the  paryss  kyrk  of  Aber- 
den, departtit  the  xxv  day  of  Febrnar,  1578  yeris. 

On  Twisday   the  xxv  day  of  Marche,  the  yeir  of  God  1578  yeris,  was  The  woymlv 
say  ewill  ane  day,  of  grytt  woynd  at  the  south  wast  and  northt  northt  wast,  '^'^y- 
quhilkis  dyd  grytt  skayth  on  the  kyrk  and  howissis  in  the  towin,  thatt  the  lyk 
was  nott  sein  in  monne  yeris  afor. 

ANE  GODLIE  BALLETT  OF  ANE  SYNNAR  CRYAND  ON  GOD  FOR 
MERGE  IN  TYME  OF  TROWBILL. 

O  Lord,  my  God,  of  mercy  kyng, 

Quhois  trewcht  doitt  newir  faill ; 
Thy  gentell  mercy  doitt  imbress 

Repenting  sineris  all  ; 
Sen  thow  hes  promest  to  forgyfe, 

Quhene  on  the  we  do  call. 


48  THE    SPALDING    CLUB    MISCELLANY.  [157S. 

Haife  g[race]  to  ws,  we  pray, 
Nocht  for  ouir  saikis,  bott  for  thy  lufe. 
O  Lord,  O  Lord,  O  gracius  Lord, 
Lord,  towrn  thy  wrathe  away. 

And  thocht  ouir  synis,  monyfawld, 

In  nombir  pas  the  saynd ; 
Yett  is  thy  mercy  mwche  moir  large 

Thane  we  will  onderstand  ; 
Thairfor  sene  we  thy  wraichtit  wychtis, 

Befor  the  trembling  staynd, 

Haife  grace  to  ws,  we  pray, 
Nocht  for  ouir  saikis,  bott  for  thy  lufe. 
O  Lord,  O  Lord,  *0  gracius  Lord, 

Lord,  towrn  thy  wrathe  away. 

Quhan  that  the  pepill  of  Issarell, 

With  mwrnyng  did  repentt, 
Thow  did  forgife  thair  wikitnes. 

And  no  wais  wald  thayme  schentt  ; 
To  ws  thy  mercy  is  no  less, 

In  thy  New  Testament. 

Haife  grace  to  ws,  we  pray, 
Nocht  for  ouir  sakis,  bott  for  thy  lufe. 
O  Lord,  O  Lord,  O  gracius  Lord, 

Lord,  towrn  thy  wrathe  away. 

Gyfe  thow  in  jugmentt  enter  wald 

With  ws,  thy  serwandis  pwir, 
Thair  swld  no  flesche  in  ertht  be  fund. 

Thy  jugmentt  to  induir  ; 
Thairfor,  in  place  thy  jugmentt.  Lord, 

Thy  mercy  we  procuir. 

Haife  grace  to  ws,  we  pray, 
Nocht  for  owir  sakis,  bott  for  thy  lufe. 
O  Lord,  O  Lord,  O  gracius  Lord, 

Lord,  towrn  thy  wrathe  away. 


1578.] 


THE    CHRONICLE    OF    ABERDEEN.  49 

Thy  swerd  is  drawin,  thy  bow  is  bentt, 

To  plaig  ws  in  thy  ire  ; 
Thy  wrythe  on  ws  is  kindlitt  bauld, 

As  hoitt  consumyng  fyr. 
Hald  wp  thy  hand,  and  spair  ws,   Lord, 

Maist  hummelie  we  desyre. 

Haife  grace  to  ws,  we  pray, 
Nocht  for  our  saikis,  bott  for  thy  hife. 
O  Lord,   O  Lord,   O  gracius  Lord, 

Lord,  towrn  thy  wrathe  away. 

Ower  canritt  natuir  dois  repyne 

To  the,  ouir  gracious  Gyd ; 
The  fyltht  of  wikitnes  and*syne 

In  ws  do  still  abyd. 
Bott  sene  thy  merce  is  to  weill 

Ouir  nochtthenes  to  hyd, 

Haife  grace  to  ws,  we  pray, 
Nocht  for  ouir  saikis,  bott  for  thy  lufe. 
O  Lord,   O  Lord,   O  gracius  Lord, 

Lord,  towrn  thy  wrathe  away. 

Manasses,  Paull,  and  Maigdaling, 

War  hewe  synnaris  wyld, 
Yett  quhene  thay  turnitt  onto  the, 

Thow  did  thair  synnis  exill. 
Thy  mercy  hid  thair  wikitnes, 

Quhilkis  did  thayme  so  defeill. 
Haife  grace  to  ws,  we  pray, 
Nocht  for  our  saikis,  bott  for  thy  lufe. 
O  Lord,   O  Lord,   O  gracius  Lord, 

Lord,  towrn  thy  wraytht  away. 

The  bluid  of  thy  dear  Sone,  ouir  Lord, 

Was  sched  abunduntlie, 
Nocht  for  the  juist,  hot  for  all  sik 

As  wikitt  synnaris  be. 


50  THE    SPALDING    CLUB    MISCELLANY.  [1578. 

And  do  onfenyitlie  repentt, 

And  turin  with  speid  to  the. 

Haife  grace  to  ws,  we  pray, 
Nocht  for  ouir  saikis,  hot  for  thy  lufe. 
O  Lord,   O  Lord,   O  gracius  Lord, 

Lord,  tourn  thy  wraytht  away. 

Now,   Lord,  send  thow  does  nocht  delytt 

In  mone  wordis  wayne, 
Bott  hes  respek  on  to  all  syk 

As  trublitt  be  with  payne, 
And  do  excep,  of  thy  guidnes, 

The  hartt  that  doctht  nocht  fayne, 
Haife  grace  to  ws,  we  pray, 
Nocht  for  ouir  saikis,  bott  for  thy  lufe. 
O  Lord,   O  Lord,   O  gracius  Lord, 

Lord,  tourn  thy  wraytht  away. 
So  be  it. 

The  xix  day  of  June,   yeir  of  God  1578,  Archibald  Dowglas,    Erll   of 
Awngous,  com  to  Aberden  with  ane  onest  cumpanie. 

Alexander   Garioche,  sone  to   Alexander    Garioche,  redar  of  Monega- 
bow,  departtit  the  sewint  day  of  Julij,  1578  yeiris. 

Parlinieiitt.  The  XV  day  of  Julij,  the  yeir  of  God  1578  yeris,  the  kyngis  grace  held  his 

fyrst  parlament  within  the  castell  of  Stirweling,  with  the  thre  estaitis,  for  the 
maist  partt,  beand  precent  for  the  tyme. 

Wilyem  Straiquhen,  stabeler  in  Aberden,  sittan  in  his  howiss,  the  lowift 
fell  on  him  and  felt  him,  and  he  departtit  the  xii  day  of  Aguist,  1578  yeris. 

James  Barclay,  sumtyme  cheplane  of  the  paris  kyrk  of  Aberden,  departtit 
the  fyrst  day  of  October,  1578  yeris. 

Menzis,  Pro-         On  Monday,  the  sext  day  of  October,  the  yeir  of  God  1578  yeiris,  Gil- 
'"■'^*'-  bert  Menzis,  sone  to  Thomas  Menzis,  was  electtit  and  choissin  pro  west  for 


1579.]  THE    CHRONICLE    OF    ABERDEEN.  51 

that  instant  yeir;    Robert   Moreson,  Ale.xander  Ruderfurd,  Gilbert  Gray,  Bailyis. 
and  Martine  Heweson,  bailyes  ;  and  that  be  the  maist  pairt  of  the  woittis 
of  the  town. 

The  namis  of  the  elderis  and  deaeonis  electitt  and  choissin  be  the  kyrk 
and  congregatione  of  Aberden,  and  inaguraitt  be  Maister  Johne  Craig,  mi- 
nister, the  xii  day  of  October,  the  yeir  of  God  1578  yeris : 
Elderis.  Deaeonis. 

Marttin  Howeson.  George  Knowis. 

Gilbert  Gray.  Robbert  Watson. 

Gilbert  Menzis,  elder.  Johne  Tulidefe. 

Andro  Bwik.  Alexander  Reddoiche. 

Andro  Hunter.  Thomas  Joniston. 

Alexander  Forbes.  Andro  Kyng. 

Thomas  Rolland.  Johne  Burnaitt. 

Maister  William  Dauidson.  Gilbert  Guythere. 

Patrik  Gray. 
Alexander  Hay. 
James  Spense. 
Dauid  Anderson. 

The  minister,  Maister  Johne  Craig. 

The  reder,  Walter  Cullen. 

The  elayrk.  Hew  Herwe. 

Gilbert  Kyntor,  ofBcear. 

The  xiiij  day  of  September,  the  yeir  of  God  1579  yeris,  Maister  Johne 
Craig,  sumtyme  minister  of  Aberdeen,  departtit,  with  his  wyfe  and  barnis 
and  haill  hoissell,  owit  of  the  said  burght,  and  left  his  floik  onprowyditt  of 
ane  minister,  to  be  preschour  to  the  kingis  grace,  as  he  aUegit. 

On  Monday,  the  fyft  day  of  October,   the  yeir  of  God  1579  yeris,  Gil-  Menzis,  Pr 
bert  Menzis,  sone  to  Thomas  Menzis,  was  choissin  prowest  for  that  instant 
yeir ;  Robert  Menzis,  Alexander  Ruderfurd,  Gilbert  Gray,  Patrik  Lesly, 
bailyies,  and  that  be  ane  conway  betuix  the  Lard  of  Balquhan  and  the  said 
Gilbert  Menzis,  be  gyfin  of  woittis  of  ather  of  tbair  freindis. 

The  names  of  the  elderis  and  deaeonis  ellectitt  and  choissin  be  the  kyrk 


west. 
Bailyis 


52  THE    SPALDING   CLUB    MISCELLANY.  [1579. 

and  congregatione  of  Aberden,  and  inaguraitt  be  Maister  Dauid  Cunnyn- 
game,  minister  and  bischoip  of  Aberden,  the  xviij  day  of  October,  the 
yeir  of  God  1579  yeiris  : 

Elderis.  Deaconis. 

Robertt  Menzis.  Andro  Scheves. 

Alexander  Ruderfurd.  Patrik  Hunter. 

Maister  Robert  Lumisden.  Thomas  Duwe. 

Alexander  CuUen.  Alexander  Redoiche. 

Alexander  Chalmer.  Thomas  Gray. 

Wilyem  Menzis.  Wilyem  Loremer. 

Alexander  Forbes.  Dauid  Ferguson. 

Dauid  Menzis.  Thomas  Stray quhen. 

Robertt  Watson. 
George  Knowis. 
Wilyem  Menzis,  younger. 
Dauid  Anderson. 

The  minister,  [  ]. 

The  reider,    Walter  Cullen. 
The  clayrk,   Hew  Herwe. 
Gilbert  Kyntor,  officear. 

David  Endiachis  boitt,  callit  the  [  ],  departtit  and  deitt,  cumand 

out  of  Flanderis,  at  the  Cokait  Yland,  in  Ingland,  with  thir  personis  : 
Robert  Raymsay,  scipar,  William  Wmfray,  Patrik  Barcar,  Richart  Stray- 
ton,  marnallis  in  Aberden,  the  xiiij  day  Nowember,   1579  yeris. 

Alexander  Innes,  Lard  of  Crome,  wes  slayne,  in  Martin  Howesone's 
bowse,  be  the  Lard  of  Enermarky,  the  xiiij  day  of  Aprill,  1580  yeiris. 

Alexander  Menzes,  yowngar,  sone  to  Gilbert  Menzes,  prouest  of  Aber- 
dein,  was  slaine  be  William  Forbes  of  Portlethin,  at  the  Loicht  of 
Loirston,  and  departtit  the  xvi  day  of  May,   1580  yeris. 

The  kyngis  grace  coyme  to  Dunnotter  the  xviij  day  of  June,  the  yeir  of 
God  1580  yeiris  ;  and  the  fyrst  tyme  that  I,  Walter  Cullen,  reder  of  Aber- 
den, sehit  his  graice,  was  the  xx  day  of  the  said  monett  of  June,  1580  yeris, 
and  that  at  the  woid  of  Fetteresso,  he  beand  at  the  huntis  with  sertane  of 


1580.]  THE   CHRONICLE    OF    ABERDEEN.  53 

his  lordls ;  and  thair  eftir  I  paist  to  Dunnotter,  fair  I  beheld  his  grace  at 
his  supar,  qiihill  he  paist  to  his  chalmer ;  and  thair  efter  his  grace  paist 
furtht  of  Dunnotter,  the  xxviij  day  of  June,  1580  yeris,  to  Egaill. 

Maister  William  Carniychell,  maister  of  the  gramer  skwill  of  Aberdein, 
departit  the  penult  day  of  July,  1580  yeris. 

Wilyem  Keyth,  maister  of  Marchell,  departtit  the  ix  day  of  Auguist, 
1580  yeris,  in  Dunnotter. 

Maister  Robert  Dowglas,  Erll  of  Buchane,  departtit  at  the  Myllis  of 
Drwira,  the  xviij  day  of  Aguist,  1580  yeris. 

The  xxvi  day  of  Auguist,  the  yeir  of  God  1580  yeiris,  thir  personnis 
efter  writtin  teichitt  in  the  kyrk,  quha  haid  desyrit  to  haife  beine  maister  of 
the  gramer  skwill  of  Aberden,  and  that  be  dissesse  of  Maister  William 
Carmychill,  presedent  maister  thair  of;  that  is  to  say,  Maister  Thomas  Maister  of 
Moreson,  Maister  Alexander  Freser,  Maister  Robert  Wilyemson,  Maister  Sl^"'"- 
Wilyem  Gray,  Maister  Thomas  Carnigill ;  the  saidis  personis  beand  hard 
and  tryitt  be  the  ciayrige  present  for  the  tyme  ;  that  is  to  say,  be  Maister 
Dauid  Cunnyngayme,  bischoip  of  Aberden  ;  Maister  Alexander  Arbuthnott, 
prensepell  of  the  College  of  Aberden  ;  Maister  Walter  Stward,  sub-prin- 
cepell  of  the  said  College ;  Maister  Thomas  Burnett,  coramisser  of  Aber- 
den ;  Maister  Alexander  Skeyne,  adwocat  afor  the  Lordis  of  the  Sessione  ; 
and  Maister  John  Skyne,  his  broder  :  the  said  office  of  the  maister  of 
skwill  was  adiugitt  be  the  said  clairge  to  be  gewin  to  Maister  Thomas  Car- 
nigill, as  the  best  clayrk,  and  wordiest  thair  for ;  for  the  quhilkis  the  said 
Maister  Thomas  gaitt  presentatione  be  the  prowest,  bailyeis,  and  consell  of 
the  said  office  of  maister  of  skwill,  the  penult  day  of  August,  the  yeir  of 
God  1580  yeiris. 

The  XX  day  of  September,  1580  yeris.  Dame  Cristan  Stuartt,  Cuntas 
of  Buchane,  and  spows  to  ane  honorabill  lord,  Mr.  Robert  Dowo-las,  Erll 
of  Buchane,  departtit,  in  Alexander  Cullens  bowse  in  Aberden,  the  day 
aboue  writtin. 

Edem  Gordon,  Lard  Achindown,  departtit,  in  Sanct  Jonston,  of  ane 
bledin,  the  xxvij  day  of  October,  1580. 


54  THE    SPALDING   CLUB    MISCELLANY.  [1580. 

The  namis  of  the  elderis  and  deaconis  ellectitt  and  choissen  be  the  kyrk 
and  congregatione  of  Aberden,  and  inaguraitt  be  Maister  Alexander  Ar- 
buthnoitt,  minister  and  prensepall  of  the  college  of  Aberden,  the  penwlt 
day  of  October,  the  yeir  of  God  1580  yeiris  : 

Elderis.  Deaconis. 

Gilbert  Gray.  Johne  Burnett. 

Gilbert  Menzis,  elder.  Thomas  Joniston. 

Alexander  Chalmer,  younger.  Dauid  Ferguson. 

Andro  Hunter.  Thomas  Straquhen. 

Patrik  Gray.  Dauid  Carnigill. 

James  Spense.  Andro  Brabener,  younger. 

Maister  William  Dauidson.  Arthour  Chalmer. 

George  Straquhen.  Wilyem  Jaik. 

Wilyem  Menzis,  younger. 

Dauid  Endiache. 

Patrik  Hunter. 

Andro  Schevas. 

Mariore  Gordone,  doithar  to  wmquhaill  Wilyem,  Bischoip  of  Aberden, 
departtit  the  xiiii  day  of  Januar,  158 1  yeiris. 

The  viij  day  of  Fabruar,  1581,  the  craiftis  men  in  Aberdein  begwid 
to  wswirp  contray  the  burges  of  gild,  thinkand  to  ocupe  marchandrise, 
and  that  be  the  waes  of  sertten  sediciowse  craiftis  men,  quhay  interprissit 
the  sayme,  quhilkis  rassit  the  letteris  on  sertten  and  prensipell  onest 
men  to  fynd  lawborowse  to  thir  personis  ;  that  is  to  say.  Hew  Johnston, 
George  Elphistin,  Arthour  Hill,  saidlaris  ;  John  Duncan,  John  Roray, 
John  Barnis,  James  Woid,  Alexander  Paterson,  Thomas  Spensar, 
Dauid  Watson,  talyeowris ;  James  Banerman,  Alexander  Ronaldson,  John 
Towichte,  James  Wysman,  baixteris ;  Thomas  Cwick,  John  Dwichair, 
cordinaris ;  Patrik  Hay,  goldsmyth ;  Mathow  Gwild,  arraorar ;  Andro 
Will,  flaischair. 

Prowest.  On  Monday  the  secund  day  of  October,  the  yeir  of    God    1581   yeir, 

Bailyis.  Gilbert  Menzis,  sone  to  Thomas  Menzis,  was  electtit  and  choissin  prowest 

for  the  instant  yeir.     Robert   Menzis,   Alexander  Ruderford,  Alexander 

Cullen,    Alexander    Chalmer,    bailyis.      Alexander    RoUand,    Alexander 

Chalmer,  John  Smyth,   Thomas  Dikson,  officiaris. 


1583.]  THE    CHRONICLE    OF    ABERDEEN.  55 

Lowrane  Innes,  pwir  skollir  in  Aberdein,  departtit  the  xxiii  day  Octt>- 
ber,    1581  yeris. 

Grissell  Aquinlek,   Lady  Coliston,  departtit  in  Aberdein,  the  xxvii  day 
October,   1581  yeris. 

Maister    Thomas    Burnett,    persone   of    Methelik,    and    commissar    of 
Aberden,  departtit   in    Aid    Aberden,    the    xxiiij  day  of    Fabruar,    1582 


John  Casse,  pyper,  departtit  in  Aberden,  the  xxvii  day  of  Fabruar, 
1582  yeris. 

The  ix  day  of  Aprill,  1582  yeris,  I  resingnit  my  braid  croift  to  John 
Cullen,  my  sone,  and  xviij  merk  of  ffew  maill  of  John  Barbaris,  and  my 
howse  that  I  dwell  in  to  Alexander  Cullen,  younger ;  and  ray  croft  callit 
the  Engell  Well  to  Merget  Cullen,  my  doithar,  and  Alexander  Howeson, 
all  on  the  rewersione  of  ane  ressouabell.  Alexander  Chalmer,  bailyie,  Mr. 
Thomas  Malison,  Maister  John  Smyth  off  [  ]. 

Walter  Innes,  serwand  to  the  Lard  Glenkendy,  was  slayne  in  Aberdene, 
be  ane  John  Jaik,  and  his  bruder,  callit  James  Jaik,  dwelland  in  Buchan, 
and  deitt  in  Aberdeen  the  viij  day  Julij,  1582. 

[  ]  Gordone,  sone  to  George  Gordone  of  Kyndroich,    departtit 

the  xii  day  September,  in  Aberden,  1582  yeris. 

Alexander  Keyth,  sone  to  the  Lady  Towe,  departtit  in  Aberden,  the  xii 
day  September,  1582  yeris. 

Maister  Peter  Blakburne,  minister,  coyme  to  Aberden  the  xxi  day  of 
Nowember,  the  yeir  of  God  1582  yeris,  and  prechitt  the  xxii  day  Nowem- 
ber,  in  the  paroche  kyrk  tharof,  and  resauit  and  admittit  minister  to  the 
said  towne  and  congregatione  thairof. 

William  Walcar,  sumtyme  chaplane  in  paris  kyrk  in  Aberden,  and  sec- 
restar  thairof,  departtit  the  xxiij  day  Marche,  1583  yeris. 


56  THE    SPALDING    CLUB    MISCELLANY.  [1583. 

Watson.  The  XV  day  of  October,    1583,    departtit   Gilbert  "Watson,    burgis   of 

Aberden,  quha  wes  baith  most  trewe  and  faythfull. 

The  prense-         Maister  Alexander  Arbuthnoitt,  prinsepall  of  the  College  of  Aberden,  and 

pall  of  the       persone  of  Loge  [Logie-Buchan],  departtit  the  xvij  day  of  October,  yeir  of 

"  ''^*'"  God  1583  yeris,  and  was  buritt  in  the  pariss  kyrk  of  Aberden,  afor  the  pulpitt. 

Wilyem  Turyng,  skollar  in  Aberden,  departtit  the  x  day  of  Januar,  1584 
yeris. 

Elisabetht  Forbes,  Lade  Towe,  and  spowse  to  Thomas  Menzis  of  Pet- 
fodellis,  and  prowest  of  Aberden,  departtit  the  xxij  day  Januar,  1584  yeris. 

Rechart  Myll,  hayngman  in  Aberden,  departtit  the  xviij  day  of  Februar, 
1584. 

Maister  Duncan  Forbes  of  Monemwisk,  and  bailye  of  Aberdein,  de- 
parttit the  xxi  day  Fabruar,  the  yeir  of  God  1584  yeiris. 

In  Aprill,  yeir  of  God  1584  yeris,  was  ane  gryt  vproar  betuix  the  kyng 
and  his  lordis  ;  the  hall  cuntrey  chargit  to  pass  on  the  saidis  lordis,  quha 
was  in  Stirlin  at  the  tyme ;  the  borowis  to  fumes  say  mone  men  of  weyr. 
Aberden  furnest  j*^,  quhay  departtit  be  se,  the  xxviij  of  Aprill,  thair  captan 
Thomas  Car,  and  passit  to  Stirlyne. 

Alexander  Keyth  of  Owchorsk,  was  slayne  in  Aberdene,  be  the  gudman 
of  Babithan,  John  Chalmer,  and  departtit  the  vij  day  June,  1584  yeris. 

Johne  Collison,  subchanter  of  Aid  Aberdene,  and  ane  of  the  chaplanis 
of  the  paris  kyrk  of  Aberden,  departtit  the  xxv  day  of  Julii,  1584  yeris. 

James   Philp,  sumtyme  marenall  in  Aberden,  was  slayne  be  Dauid  Ro- 
bertson, tailyeowr  in   Aberden,  and  departtit  the   thred  day  of  Awguist, 
584  yeris. 

Prowest.  On  Monenday  the  fyft  day  of  October,  1584,   Gilbert  Menzis  of  Pet- 

Bailyies.  fodellis,   was  choissin  prowest.      Alexander  Ruderfurd,    Wilyem  Menzis, 


1585.]  THE    CHRONICLE    OF    ABERDEEN.  67 

elder,  Dauid  Menzis  and  Alexander  Forbes,  bailyis ;  and  Alexander  Hol- 
land, Alexander  Chalmer,  Thomas  Dikson,  Alexander  Freser,  Robert 
Garioche,  officiaris,  and  for  that  instant  yeir. 

Anness  Gray,  the  spowse  of  Maister  Duncan  Forbes  of  Monimwsk,  and  Gray, 
bailye  of  Aberdeen,  departtit  the  twentty  day  of  October,  yeir  of  God  15.84 
yeris,  and  wes  buritt  in  the  pariss  of  Aberden,  with  hir  forbearis. 

Andro,  Erll  EroU,  and  grytt  constabell  of  Scotland,  departtit  the  viij  day 
October,  1585  yeris,  in  Slaniss. 

William  Gwill,  sone  to  Mathow  Gwill,  armorar  in  Aberden,  was  slayne 
be  John  Lesly,  sone  to  James  Lesly,  burgis  of  Aberden,  and  departtit  the 
xij  day  of  Nowember,  1584  yeris. 

The  namis  of  the  elderis  and  deaconis  ellectitt  and  choissin  be  the  kyrk 
and  congregatione  of  Aberden,  inawguratt  be  Maister  Fitter  Blakburne, 
minister  tharof,  the  17  day  October,  1585  yeris: 

Elderis.  Deaconis. 

Alexander  Chalmer.  Martin  Howeson. 

William  Menzis.  Thomas  Forbes. 

Alexander  Forbes.  Alexander  Ewin. 

Alexander  Ruderfurd.  Thomas  Philip,  younger. 

Alexander  Cullen.  James  Joniston. 

George  Straquhen.  Thomas  Fynne. 

Dauid  Anderson.  Patrick  Gray. 

Mr.  Dauid  Ruderfurd.  Edward  Donaldson. 

Alexander  Hay. 
Mr.  Thomas  Malison. 
Andro  Scherar. 
Mr.  Thomas  Cargill. 
Thomas  Duwe. 

Maister  Fitter  Blakburne,  minister 

Maister  William  Lesk,  exorter 

Walter  Cullen,  reder. 

Hew  Herwe,  clayrk. 

John  Smyth,  officiar. 


58  THE    SPALDING   CLUB    MISCELLANY.  [1585. 

William  Panton,  elder,  bruder  to  the  Lard  of  Petraedane,  departtit  the 
XXV  day  of  October,  1585  yeris. 

Mare,  Quene       Mare,  Quene  of  Scotland,  beand  haldin  in  Inland  be  the  spece  of  xviij  yeir, 
of  Scotland,    ^j.  (-jjair  by^  nygs  beheiditt  in  Fodringayme  Castell,  in  Inland,  be  the  Quene 
of  Inland,  the  aucht  day  of  Fabruar,  in  the  yeir  of  God  1586  yeris. 

Sir  Thomas  Car  of  Fernerst,  knycht,  departtit  in  Aberden,  the  xxx  day 
of  Marche,  1586  yeris. 

John    Gordone,   and   his  wyfe,  callit  [  ]  Ogiluie,   with    Mareone 

Lyone,  spowis  of  Archbald  Dowlas,  dwelland  in  Aid  Aberdein,  and  Kattrin 
Stewin,  wes  executt ;  that  is  to  say,  the  said  John  Gordyne  was  hayngitt, 
quarterit,  his  heid  putt  on  the  Portt ;  the  said  wemen  drunitt  for  the 
pusenyng  of  ane  barne,  gottin  in  adultre  be  the  said  Archbald  Dowglas 
with  Marin  Arthour,  in  Aid  Aberden.  This  execusione  was  the  xxix  day 
June,  1586  yeris. 

Prowest  and  The  thred  of  October,  1586  yeris,  Gilbertt  Menzes  of  Petfodallis  wes 
Bailyies.  maid  prowest  of  Aberden,  not  be  the  switt  row,  hot  be  the  counsall  and 
sertane  commound  wottis.  Alexander  Cullen,  Dauid  Menzes,  Alexander 
Howeson,  and  Dauid  Anderson,  was  choissin  bailyes,  and  that  be  the  switt 
rowe,  ewery  man  gettin  his  woitt.  Alexander  Rolland,  Thomas  Dickson, 
Robert  Gareoche,  Thomas  Kyng,  officiaris. 

John  Lesly,  aperand  of  Balquhane,  coyme  to  Acthakaynt,  in  Buchane, 
thane  partinand  to  Alexander  Cullen,  with  Andrew  Lesly,  Gilbert  Lesly, 
his  fader,  breder,  and  oderis,  to  the  nwmer  of  xx  personis,  and  thair  moist 
cruelly  enwaditt  the  saidis  Alexander  Cullen  bygyne,  in  strikin  wp  his 
yeittis,  dwiris,  kistis,  and  away  takin  of  clayise,  and  birnyne  of  writtins, 
and  slew  and  mwrdrest,  onder  nycht,  Dauid  Carill,  serwand  to  the  said 
Alexander,  the  laist  day  Marche,  1587  yeris.     God  to  rewenge. 

Elspat  Gordone,  Lade  Schewes,  departtit  the  x  day  June,  1587  yeris,  in 
Aberden. 

John  Smyth,  secristar  of  the  kyrk  of  Aberden,  departtit  the  pen  wit  day 
Julij,  1587  yeiris. 


1588.]  THE   CHRONICLE    OF    ABERDEEN.  59 

John  Straquhen,  Lard  of  Thornton,  departtit,  in  Aberden,  the  xx  day  of 
August,  1587  yeris. 

The  secund  day  of  October,  1587  yeris,  Alexander  Ruderfurd  was  no-  Prowest  and 
menatt  to  be  prowest,  and  that  be  the  switt  rowe,  ewry  man  gettin  his  ^^'^^ 
woitt,  and  sworin  to  byd  at  sayme ;  and  thairefter  the  cunsall,  be  perswa- 
sioun  of  my  Lord  Huntly,  was  content  with  sertan  of  the  commends  that 
Gilbert  Menzes  suld  be  continewitt  in  his  office  for  that  yeir  allanerly. 
Dauid  Mar,  Maister  Dauid  Ruderfurd,  Alexander  Chalmer,  George  Gor- 
done,  bailyeis,  that  be  switt  rowe,  Thomas  Dikson,  Thomas  Kyng,  Thomas 
Kelle,  Dauid  Robertson,  and  Alexander  Rolland,  officiaris. 

John  Keytht  of  Claikriak,  was  crwilly  slayne  in  Aberden,  at  the  Justice 
Portt,  be  Wilyem  Gordone  of  Geycht,  the  secund  day  of  December,  1587 
yeris. 

Johne  Wschartt,  cordinar,  departtit  the  xviij  day  of  Merche,  yeir  of 
God  1588  yeris,  quha  was  slayne  be  James  Paterson,  hangman  of  Aber- 
den, and  the  said  James  hayngit,  and  his  held  sett  on  the  Portt  thairfor. 

Wilyem  Meldrum  of  Kylblein,  departtit  the  xxij  day  of  Aprill,  in  Aber- 
den, 1588  yeris. 

The  laist  day  September,  the  yeir  of  God  1588  yeris,  Maister  Thomas  Prowest. 
Menzis  of  Dourne,  was  choissin  prowest  be  the  switt  rowe,  and  that  for  that  5^'^®*^." 
instantt  yeir  allanarly.  Maister  John  Chyne,  James  Setton,  George  Stray- 
quhen,  Wilyem  Menzis,  balyeis,  siklyk  alenarly  for  that  yeir.  Dauid 
Robertsoun,  Thomas  Dikson,  Thomas  Kyng,  Thomas  Kelle,  officiaris,  and 
that  conforme  to  ane  actt  maid  thairon,  with  consentt  of  the  prowest, 
balyeis,  consell,  and  hall  commownalte  of  the  towne. 


MORS    CERTA,    INCERTA    DIES,    INCERTIOR    HORA.      QUI    SAPIT,    ASSIDUE 
MORTEM    MEDITETUR    ET    HORAM. 

This  warld  our  all 
Turint  as  ane  ball, 


60  THE    SPALDING   CLUB    MISCELLANY.  [1588. 

Quho  clymmest  hiast 
Sorest  sail  fall. 
Thairof,  trust  me, 
For  ever  to  indure, 
In  wardlie  plesour, 
I  mak  the  suir 
It  may  nocht  be. 

Ground  the  in  pacience, 
Bluid  nocht  thy  conscience, 
Do  thi  God  reverence, 
Thankand  him  ay. 

Preik  the  with  deligence 
To  put  away  negligence  ; 
Seik  the  with  sufficiance ; 
This  warld  will  away. 


ANE  GODLIE  BALLETT  TO  ALL  THAYME  THAT   IS    PERSECUITT  FOR  GODIS 
WORD,   WITH  GRYTT  CONFORTT  OF  THAIR  DELIUERANCE. 

Quho  so  do  pwitt  thair  confydense. 

And  tresitt  jn  me,  with  one  acord. 
To  thayme  I  salbe  ane  defense, 

In  tyme  of  neid,  thuise  said  the  Lord. 
Gyfe  thay  stand  styfly  at  my  word. 

Fray  plaigis  gryt  thay  salbe  fre  ; 
Thoicht  wikitt  perise  be  the  swerd, 

To  myne  ane  buklar  will  I  be. 

Thoicht  I  did  all  the  wardill  distroy, 
Because  the  wickitt  wald  nocht  mend, 

Yet  saifitt  I  my  serwand  Noy, 

And  frome  the  fluid  did  him  defend. 

Quher  Sodame  maid  ane  wikitt  end, 
I  saiffit  Loitht,  as  ye  may  se ; 


1588.]  THE    CHRONICLE    OF    ABERDEEN.  61 

To  wikitt  thoicht  grytt  plaigis  I  send, 
To  myne  ane  buklar  will  I  be. 

Thoicht  Faro,  with  his  gryt  arme, 

Issarell  to  keill  he  did  indend, 
I  leid  thayme  saifly  throicht  the  se, 

And  fray  his  oist  did  defend  ; 
Quhar  he  maid  ane  mischewse  end, 

Boycht  he  and  all  his  cumpane. 
Thairfor  to  all  I  maik  itt  kend 

To  rayne  ane  buklar  will  I  be. 

Thoicht  wickitt  Saulle  and  Absolone 

Dauiddis  kyndome  wald  haue  rentt, 
I  causitt  him  to  ryng  allone, 

And  plaigitt  thayme  with  punesmentt. 
For  SauUis  bluid  with  swerd  was  spentt, 

And  Absolone  was  hayngitt  he  ; 
Thairfor  it  is  an  ewidentt 

To  myne  ane  buklar  will  I  be. 

Thoicht  wickit  Jessabell,  the  quein, 

Ellias  bluid  schow  schoiritt  to  spill, 
On  hir  grytt  sworowe  thair  was  sein, 

And  I  him  saifitt  frome  her  ill. 
Horse  oweraid  hir  att  thair  will, 

Doigis  gnewe  hir  banis  assuiritly. 
Althoicht  my  serwandis  suwer  ill, 

To  myne  ane  buklar  will  I  be. 

Thoicht  wikitt  Aman  did  wpsett 

A  pair  of  gallowse  lairg  and  layng, 
Beliwyng  swirly  for  to  geitt 

Mordatheus  thairon  to  hayng  ; 
Yet  I  did  saife  him  frome  that  thrayng. 

And  Aman  thairon  was  hayngitt  he ; 
Thoicht  my  serwantis  do  suer  wrayng. 

To  myne  ane  buklar  will  I  be. 


62  THE    SPALDING   CLUB    MISCELLANY.  [1588. 

Quheiie  Daneell  was  fair  ouirthraune. 

In  preson  deip  with  lyones  strayne. 
To  him  thay  did  no  thing  hot  faun, 

And  likitt  him  with  thair  towngis  layng. 
Bott  quhone  his  faiss  come  thayme  amayne, 

Thay  did  dewoir  thame  crwelly  ; 
Thowicht  my  serwanttis  did  suer  wrayng, 

To  myne  ane  buklar  will  I  be. 

Quhone  Susanna  was  in  poyntt  of  deid, 

To  me  schow  did  boytht  call  and  cry, 
Besoicht  me  for  to  sett  ramaid, 

Thayne  I  did  heir  hir  by  and  by. 
Thay  that  acussit  hir  wrayngusly, 

Ane  seherafull  deid  I  gairtt  thame  de  ; 
Thoicht  my  serwanttis  in  presone  ly, 

To  myne  ane  buklar  will  I  be. 

Now  ye  that  artt  myne  serwandis  swir. 

And  enteritt  ar  with  me  in  baynd, 
Ye  knaw  sum  tyme  ye  stuid  in  fuir. 

In  tynsall  boychtt  of  lyfe  and  laynd. 
For  quhone  gryt  kyngis  did  yow  gayne  stand, 

And  Sathane  with  his  craiftis  sley, 
As  thayne  I  saifitt  yow  with  my  hand, 

And  so  sail  I  yowr  buklar  be. 

And  thoicht  that  ye  haife  doine  me  serwe, 

Accordin  to  the  law  I  sett, 
Fra  ye  begin  anis  for  to  sweir 

Yowr  rychttusnes  sail  be  forgeitt. 
Thayne  I  bwitt  onne  layngar  leitt, 

Sail  plaig  yow  for  yowr  inequitte  ; 
Besydis  the  plaigis  that  ye  sail  geitt, 

No  moir  I  sail  yowr  buklar  be. 

And  thoicht  I  the  vvikitt  thoill  yow  keill, 
And  dolentt  deid  do  yow  dewoir ; 


1589.]  THE    CHRONICLE    OF    ABERDEEN.  63 

This  promess  trew  I  mack  yow  till 

A  better  lyfe  I  sail  restoir. 
To  yow  quhar  that  ye  sail  emploir 

To  ryng  with  me  eternally, 
Quhar  ye  sail  dwell  for  ewirnioir, 

Quhar  ewir  I  sail  yowr  buklar  be. 
So  be  itt. 

Johne  Cadell,  Lard  of  Aslowne,  departtit  in  Aberden,  the  secund  day 
Februar,  1589  yeris. 

Johne  Anderson,  chanter  in  the  kyrk  of  Aberden,  departtit  the  xii  day  of 
Februar,  1589  yeris. 

Gilbert  Reid,  Lard  of  Coliston,  departtit  in  Aberden,  the  xxiiij  day  of 
Februar,  1589  yeris. 

Thomas  Maneris,  pursewantt  and  serwand  to  the  bischoip  of  Aberden, 
departtit  the  xiii  day  of  June,  the  yeir  of  God  1589  yeris. 

Ane  lipar  boy,  in  the  Lipar  Howiss  of  Aberden,  departtit  the  xviii  day 
July,  1589  yeris. 

Wilyem  Blakhall,  of  that  Ilk,  departtit  in  Aberden,  the  fyft  day  of  Auguist, 
1589  yeris. 

On  Wedinsday  the  x  day  of  September,  1589,  the  King  of  Denmarkis 
doithar,  callit  An,  wes  maritt  to  James,  Kyng  of  Scotland,  in  Elisinewr,  be 
George,  Erll  Merschall,  presentand  the  Kyngis  persone ;  thairefter  come 
owit  of  Denmark,  arywit  in  Flokray,  in  Nowraway,  and  ramanit  be  the  space 
of  [  ]  owikis  ;  and  on  Freday  the  xxiiij  day  of  October,  1589,  the  Kyngis 
grace  maid  saill  owit  of  the  Fyrthe  to  the  Quein,  beand  in  Noroway,  with  v 
schipis,  accompanyt  with  iiij"^  gentill  men. 

The  saxt  day  October,  1589  yeris,  Maister  Thomas  Menzies  of  Dome  Prowest. 
was  choissin  prowest  be  say  mone  of  the  switt  rowe,  and  that  for  that  in-  Qffi  ' 
stantt  year  allanerly  ;    and  Alexander  Forbes,    John  Collisoun,    Thomas 


64  THE    SPALDING    CLUB    MISCELLANY.  [1589. 

Menzis,  yownger,  Thomas  Bwik,  bailyeis,  slklyk  for  that  instant  yeir  ;  and 
Dauid  Robertson,  Thomas  Dlkson,  Thomas  Kyng,  Thomas  Kelle,  offi- 
ciaris,  conforme  to  ane  actt  maid  thairon. 

The  namis  of  the  elderis  and  deacones  electtit  and  choissin  be  the  kyrk 
and  congregations  of  Aberden,  and  inaguratt  be  Mr.  Fitter  Blakburne, 
minister,  the  xix  day  of  October,  1589  yeris: 

Elderis.  Deaconis. 

Mr.  Thomas  Menzes,  prouest.  George  Layng. 

Alexander  Forbes.  Robert  Gray. 

John  Collisown.  Hendrie  Forbes. 

Thomas  Menzis.  James  Robertsoun. 

Alexander  Chalraer.  Thomas  Forbes,  younger. 

Mr.  Dauid  Ruderfurd.  Thomas  Forbes,  elder. 

Dauid  Andersoun.  William  Dowin. 

Alexander  Hay.  Edward  Donaldson. 

Audro  Scharar.  John  Banerman. 

Mr.  Thomas  Cargill.  Robertt  Sanderis. 

Thomas  Jonestoun.  Alexander  Paterson. 

Alexander  Cruischank. 
John  Nicolsoun. 

Maister  Piter  Blakburne,  minister. 

Walter  Cullen,  reder. 

Hew  Herwe,  clayrk. 

Alexander  Rolland,  officiar. 

Isbell  Lesly,  Lady  Petmeden,  departtit  in  Aberden,  the  xiij  day  Nowem- 
ber,  1589  yeris. 

Besse  Menzis,  sumtym  Lady  Mair,  departit  the  iij  day  of  Februar, 
1590  yeris. 

Jonett  Forbes,  Lady  Bawack,  departtit  the  fyrst  day  Merche,  1590 
yeris. 

Patrik  Meldrum  of  Achquhorty,  departtit  in  Aberden,  the  xxvii  day  of 
Marche,  1590  yeris. 


1590.]  THE   CHRONICLE    OF    ABERDEEN.  65 

William  Crawfurd,  wmquhill  Lard  of  Faderocht,  departtit  in  Bamfe,  the 
fyrst  day  of  Aprill,  1590  yeris. 

The  xvi  day  Aprill,  1590  yeris,  the  schip  of  Aberden,  callit  the 
Colas,  departtit  of  the  roid  of  Aberden,  furnoist  be  the  town  to  pas  to 
Denmark  for  conwoy  of  the  kyngis  grace  hayme  to  Scotland.  Alex- 
ander Forbes,  bailyie  and  commissionar  for  [the]  tyme,  and  Dauid  Endiache 
in  his  compane,  with  xx  merrenaris,  furnist  with  artalare  and  oder  neses- 
saris. 

On  Friday  the  fyrst  day  of  May,  the  yeir  of  God  1590,  the  King  James 
the  Sext,  with  his  Quene,  callit  An,  doithar  to  the  King  of  Denmark, 
landitt  on  the  schoir  of  Leytht,  at  vij  owris  att  evin,  and  ramanitt  thair  to 
the  ix  day  of  May  ;  thaireftir  passitt  to  Edinburgt. 

On  Sunday  the  xvii  day  May,  1590,  An,  Quhene  of  Scotland,  wes 
[  ]  in  the  Abbay  of  Hellerudhows.     On  Twesday  tharefter,  maid 

her  entre  in  the  town  of  Edinburght,  and  resauit  with  gryt  [  1. 

Barbara  Card,  wiche,  was  bryntt  on  the  Hedownis  Hill,  the  xviij  day 
June,  1590  yeris. 

Item.  Ane  man  and  ane  woman  of  Fuitde  drownit  in  the  Poikray,  the 
thrid  day  July,  1590. 

Alexander  Setton,  yowng  Lard  of  Meldrum,  was  slayne  be  William 
Kyng  of  Baracht,  and  his  bruder,  Dauid  Kyng,  and  his  complesis,  at 
Barache,  the  xx  day  August,  1590  yeris. 

The  fyft  day  of  October,  1590  yeris,  Alexander  CuUen  was  elektitt  and  Cullen, 
choissin  Prowest  of  Aberden  for  thatt  instantt  yeir,   and  that  be  the  maist  P™""*'- 
woittes  of  the  haill  towne.     George    Straqhen,    George   Gordone,    Dauid 
Anderson,    Mr.  Robertt  Paip,  bailyeis.     Mr.   Dauid   Robertson,  Thomas 
Dikson,  Thomas  Kelle,  Wilyem  Mychell,  officiaris. 

Thomas  Herue,  skollar  in  Aberdeen,  departtitt  the  xxviij  December, 
1590  yeris. 


66 


THE    SPALDING   CLUB    MISCELLANY. 


[1591. 


On  Monday,  the  viij  day  Februar,  1591  yeris,  my  Lord  Murray  was 
crwille  mwrdrith,  with  sax  of  his  compane,  be  George,  my  Lord  Huntly, 
and  Captan  John  Gordon  slayne,  and  that  before  the  Queens  Ferre,  in 
Fyiffe. 

Patrick  Stuartt,  sone  to  the  Lard  of  Boig,  departtit  the  xxij  day  of 
Februar,  1591  yeris. 

[  ]   Dowglas,  Erll  of  Angus,  departit  owt  of  this  present  lyffe, 

in  Glenberue,  the  fyrst  day  of  Julij,  1591  yeris. 

On  Thurisday,  the  xvii  day  September,  1591  yeris,  my  sone,  John  Cul- 
len,  departtit  owit  of  Aberdeen  to  Edinburght,  to  remayne  with  ane  onest 
man,  callit  Georg  Lokwert,  burgis  of  [  ].         . 

Prouest,  The  thred  day  of   October,  yeir  of   God    1591   yeir,   the   aid   consell 

Bailyeis,  and  ^hesitt  the  new  ;  that  is  to  say,  Patrik  Gray,  elder,  Robertt  Menzis, 
elder,  Mr.  Robert  Chalmer,  James  Menzis,  Robertt  Malison,  Robertt 
Watson,  Mr.  Wilyem  Anderson,  Thomas  Dywe,  Martin  Howeson,  Mr. 
Thomas  Lesly,  Dauid  Ferguson,  and  thairto  was  adionit  of  the  aid 
consall  Mr.  Thomas  Menzis,  sometyme  prowest,  Alexander  Cullen, 
laitt  prowest,  Dauid  Menzis,  elder,  and  the  said  consaleouris,  aid  and 
new,  electit  Alexander  Ruderfurd,  prowest ;  John  Collesin,  Dauid 
Menzis,  elder,  George  Knowis,  Mr.  Rychartt  Irwyng,  balyes ;  Dauid 
Robertson,  Thomas  Kelle,  Thomas  Dikson,  Wilyem  Mychell,  officiaris, 
and  that,  for  that  instant  yeir  allanarly,  conforme  to  the  acttis  of  par- 
liment. 


The  namis  of  the  elderis  and  deaconis  ellectit  and  choissin  be  the  kyrk 
and  congregatioune  of  Aberden,  and  inauguratt  be  Mr.  Piter  Blakburne, 
minister,  the  xvii  day  of  October,  1591  yeir  : 


Elderis. 
Alexander  Ruderfurd,  prouest. 
John  Collison. 
George  Knowis. 
Thomas  Menzis,  yowngar. 
Wilyem  Menzis,  elder. 


Deaconis. 
Thomas  Forbes,  yowngar. 
Alexander  Anderson. 
James  Robertson. 
Alexander  Cruischank. 
Patrik  Gray,  yownger. 


1592.] 


THE   CHRONICLE    OF    ABERDEEN. 


67 


Elderis.  Deaconis. 

Alexander  Forbes.  Alexander  Keymp. 

Mr.  Dauid  Ruderfurd.  George  Leyng. 

Alexander  Hay.  Thomas  Strayquhen. 

Dauid  Menzis,  yowngar.  John  Banerman. 

Mr.  Thomas  Malison.  Andro  Dayrg. 

Hendre  Forbes. 
Mr.  Thomas  Cargill. 
Thomas  Duwe. 
Thomas  Jonston. 
John  Nicolson. 

Bischoip  Dauid  Cunyngame,  minister. 

Maister  Fitter  Blakburne,  minester. 

Maister  Robertt  Howe,  minister. 

Walter  Cullen,  reder. 

Hew  Herwe,  clayrk 

Alexander  Rolland,  officiar. 


On  Monday,  the  xxvij  day  December,  1591,  my  Lord  Boidwall,  with 
sartin  his  complessis,  to  the  nomar  iij="  of  men,  coyme  to  the  Kingis  grace 
chalmer  dwir,  at  evin,  with  for  hameris,  and  straik  at  the  saym,  and  viij  of 
the  complesis  takin,  and  was  haynhit  on  the  morne. 

The  namis  of  the  elderis  and  deaconis  ellectit  and  choissin  be  the  kyrk 
and  congregatione  of  Aberden,  and  inawguratt  be  Bischoip  Dauid  Cunyn- 
gayme,  minister,  the  7th  day  of  Januar,  1592  yeris. 


Elderis. 
Thomas,  Menzis,  prowest. 
William  Menzis,  elder. 
Mr.  Patrick  Cheyne. 
Wilyem  Gray. 
George  Forbes. 
Alexander  Cullen. 
Alexander  Ruderfurd. 
John  Collison. 
George  Straquhen. 
Robertt  Menzis,  elder. 


Deaconis. 
Alexander  Burnett. 
Alexander  Jofiray. 
John  Layng. 

Gilbert  Guthere,  yowngar. 
Arthour  Dauidson. 
Robertt  Gray. 
John  Kyng. 
Robertt  Kelo. 
Andro  Forbes. 
Andro  Watson,  wrycht. 


68  THE    SPALDING   CLUB    MISCELLANY.  [1595. 

Elderis.  Deaconis. 

Martin  Howeson.  Dauid  Watsoun,  talyour. 

Thomas  Gray.  Sande  Steuin,  baxter. 

John  Tulidefe. 
Wilyem  Jak. 
Andro  Scheras. 
Dauid  Cargill. 

Bischoip  Dauid  Cunyngayme,  minister. 

Mr.  Piter  Blakburne,  minister. 

Mr.  Robert  Howe,  minister. 

Walter  CuUen,  reder. 

Hew  Herwe,  clayrk. 

Alexander  Rolland,  officiar. 

Ane  honorabill  man,  William  Forbes  of  Towquhone,   departtit  this  pre- 
sand  lyfe,  the  xvii  day  of  Februar,  the  yeir  of  God  1595  yeiris. 


Ane  meditatioune  concernyne  the  hewenly  kyngdome  and  this  erthly 
tabernacle  of  our  mortalite,  collectit  and  writtin  be  me,  Walter  Cullen, 
wicar  and  reder  of  Aberden,  to  staynd  as  my  last  will  and  desyr,  the  fyrst 
day  of  October,  1584  yeiris  ; 

That  kyngdome  cristiall  cleire. 

That  wardill  quhilkis  wantis  end, 
Quhar  dwellis  a  God,  quhois  hand  frome  harrae 

His  choissin  doitht  defend, 
Parpetull  is  and  swir, 

And  ewir  moir  doitht  last. 
On  that  sayrae  wardill  let  wss  our  thoichtis 

And  cogitationis  caist. 

Thair,  reweris  rwine  of  lyffe. 

Heir,  standin  pwillis  of  mwid, 
The  taist  quharof  infectis  the  sawU, 

And  poysonis  fless  and  blwid. 


1584.] 


THE    CHRONICLE    OF    ABERDEEN.  69 

Thair,  fwid  of  lyfe  anewcht, 

Heir,  hunger,  threst,  and  cauld  ; 
Thair,  yowithe  for  ewir  floresin, 

Heir,  feibill  aige  and  aid. 

Thair,  melode  and  myrthe. 

Heir,  mesare  and  mone  ; 
Thair,  endles  joy  ;  bott  heir  anoy. 

And  grypnis  till  we  groyne. 
Thair,  ewir  lestin  lycht, 

And  gloreus  glistrin  day  ; 
Heir,  fulsum  froigis,  and  dargsum  nycht. 

And  all  thingis  that  decay. 

Thair,  syning  on  his  seate, 

Sittes  Jesus  Crist  the  sonne  ; 
Here,  Sathan,  roring  lion  like. 

From  place  to  place  doth  rune. 
Thair,  wertues  tent  is  pecht. 

Here,  wices  lodging  lyes ; 
Obedience  there,  rebellion  here, 

No  duelling  doth  despise. 

Thair,  lufe  and  faer  of  God, 

Here,  blaspheme  abondis ; 
Thair,  faith  and  truth  ;  but  here  deseit, 

Gwid  daling  quhilk  confundis. 
Thair,  Sion  Hill  is  siene, 

Quhar  perfect  plesure  sprinis  ; 
Here,  dongeonis  deipe  and  damnable, 

Quhilk  death  moast  bitter  bringis. 

Thare,  all  thingis  full  of  blisse, 

Heir,  nothing  ellis  butt  wo  ; 
Thare,  no  conseitt  of  carefuU  thouth, 

Bott  heir  its  nothing  so. 


70  THE    SPALDING    CLUB   MISCELLANY.  [1584. 

Now,  than,  deir  Cristians  all, 

Behald,  as  in  ane  glas, 
Quhow  far  the  wardle  quhilk  is  to  cum, 

This  presentt  wardle  doithe  pas. 

Exemein  quhat  is  said. 

And  quhat  may  spokin  be, 
And  laitt  affectionis  of  the  spritt, 

According  work  in  the. 
Say  thane,  with  blessitt  PauU, 

In  spritt  I  do  desyr, 
Dissolwit  to  be,  and  on  to  Crist, 

In  hevanis  heicht  inpyr. 


III. 


ACT 

FOR  DELYVERIE  OF  DEAD  BODIES  TO  THE 
COLLEDGE  OF  ABERDENE. 


M.DC. XXXVI. 


ACT  FOR  DELYVERIE  OF  DEAD  BODIES  TO 
THE  COLLEDGE  OF  ABERDENE. 

M.DC.XXXVI. 


Apud  Edinburgh,  primo  die  mensis  Aprilis,   1636. 

Anent  the  supplicatioun  presented  to  the  Lordis  of  secret  Councell,  be 
Mr.  William  Gordoun,  doctour  and  proffessor  of  medicin  in  the  vniversitie 
of  Aberdene,  makand  mentioun,  That  quhair  it  is  the  custome  of  other 
famous  vniversities  quhair  medicin  is  taught,  that  the  magistrats  of  these 
cities  are  obliged  everie  yeere  to  present  tua  bodies  of  men,  and  tua  of 
weomen,  to  be  publictlie  anatomized  :  And  now,  sieing  the  supplicant  is 
appoynted  to  teache  medicin  and  anatomie,  and  hes  excercesed  the  students 
sufficientlie  thir  tua  yeeres  bigane  in  the  dissection  of  beasts,  humblie  de- 
siring thairfore  the  saids  Lords  to  give  command  to  the  sheriffs,  pro  vests, 
and  baillies  of  Aberden  and  Bamff,  in  maner  and  to  the  effect  vnderwritten, 
lykeas  at  more  lenthe  is  conteaned  in  the  said  supplication  :  Quhilk  being 
red,  hard,  and  considerit  be  the  saids  Lords,  and  they  findeing  the  desire 
thairof  to  be  reasonable,  thairfore  the  saids  Lords  gives  and  grants  warrand 
and  direction,  be  thir  presents,  to  the  sheriffs,  and  provest,  and  baillies  of 
Aberdene  and  Bamff,  to  delyver  to  the  said  supplicant  tua  bodies  of  men, 
being  notable  malefactors,  executte  in  thair  bounds,  especialie  being  rebells 
and  outlawis  ;  and  failzeing  of  thame,  the  bodies  of  the  poorer  sort,  dicing 
in  hospitalls,  or  abortive  bairnes,  fundlings,  or  of  these  of  no  qualitie,  who 
hes  died  of  thare  diseases,  and  hes  few  freinds  or  acquaintance  that  can 
take  exception,  and  this  be  the  approbation  of  the  bishop  of  Aberdene, 
chanceller  of  that  vniversitie,  and  one  of  his  Majesties  privie  councell,  who 


74  THE    SPALDING    CLUB    MISCELLANY.  [1636. 

may  caus  vse  the  said  wari'and  with  suche  moderatioun  and  discretion  as 
nather  the  vniversitie  may  wrong  anie  man  of  qualitie,  nor  be  impedit  be 
anie  evill  disposed  persons,  without  a  lawfull  caus  and  entres. 


IV. 


DECREET  OF  SPULZIE. 

JOHN  OGILVY  OF  STRATHERNE,  AND  MR.  JAMES  OGILVY, 
COMMENDATOR  OF  DRYBURGH  ABBEY,  HIS  TUTOR, 

AGAINST 

LAUCHLANE  MACINTOSH,  AND  OTHERS. 


M.D.LXXI. 


DECREET  OF  SPULZIE. 

JOHN  OGILVY  OF  STRATHERNE,  AND  MR.  JAMES   OGILVY, 
COMMENDATOR  OF  DRYBURGH  ABBEY,  HIS  TUTOR, 

AGAINST 

LAUCHLANE  MACINTOSH,  AND  OTHERS. 
M.D.L  XXI. 


James,  be  the  grace  of  God,  King  of  Scottis,  To  our  shirrefis  of  Inuer- 
nes,  Elgin,  and  Foress,  and  thair  deputis,  and  to  our  louittis  [  ], 

messingeris,  our  shirreffis,  in  that  part,  coniunctlie  and  seueralie,  speciale 
constitut,  Greting :  Forsamekill  as  it  is  be  the  lordis  of  our  counsale  de- 
cretit  and  deliuerit  that  Lauchlane  Macintoshe  of  Dunnachtane,  Doule 
More  M'Gillecallum,  Ferquhard,  his  sone,  Robert  Stewart  of  Clavalge, 
Huchoun  Ross  of  Kilrawok,  Henry  Dolace  of  Contray,  Walter  Ross  of 
Kinstary,  and  Donald  Glasche  Macintoshe,  hes  done  wrang,  in  the  master- 
full  destructioun  and  doun  casting,  counsale,  help,  and  assistence  gevin 
thairto,  of  the  Houss  of  Petty,  callit  Halhill,  within  our  shirrefdome  of 
Inuernes,  pertening  to  umquhile  Williame  Ogiluy  of  Stratherne,  Knycht, 
and  now  to  Johnne  Ogiluy,  his  sone  and  are,  and  als  hes  done  wrang  in 
the  masterfule  spoliatioun  and  away  taking  fra  the  said  vmquhile  Williame, 
and  withhalding  fra  him,  his  said  sone  and  are,  his  men,  tenentis,  and 
seruandis,  of  thir  gudis  vnder  writtin,  spulzeit  and  takin  be  the  saidis  per- 
sonis  furth  of  the  said  vmquhile  Williamis  houss  and  place  of  Halhill,  and 
landis  pertening  thairto.  And  thairfor  it  is  ordanit  be  the  saidis  lordis 
that  the  saidis  personis  restore  and  deliuer  the  samin  gudis  agane  to  the 
said  Johue  Ogiluy,  as  are  forsaid,  and  to  ane  venerabill  Fader  in  God, 
Maister  James  Ogiluy,  commendatar  of  our  abbay  of  Driburgh,  his 
tutour,  of  the  prices,  as  eftlr  followis :  That  is  to  say,  ane  stand  bed  of 
carvit  werk,  price  x  merkis  ;  viii  stand  beddis  of  fyr,  price  of  the  pece  xi  s. ; 
viii  score  of  sawin  burdis  of  fir,  price  of  the  pece  ii  ss. ;  Ix  burdis  of  ayk, 
price  of  thame  thre  pundis ;  1=  gret  gestis,  price  of  the  pece  vii  ss. ;  tua 


78  THE    SPALDING   CLUB    MISCELLANY.  [1571. 

chieris,  carvit,  price  of  the  pece  xl  ss. ;  ane  lang  sadill  of  estland  burd, 
price  vi  merkis ;  viij  stulis,  price  of  the  pece  iiij  ss. ;  ane  barrell  of  saip, 
price  xl  ss.  ;  tua  chieris,  price  of  the  pece  viij  ss. ;  xx  paire  of  irne 
tangis,  price  of  the  pece  xx  d.  ;  ane  gavelok  of  irne,  price  xx  ss. ;  ane 
querrell  mell,  tua  pikkis,  ix  wegeis  of  irne,  price  xx  ss. ;  xxiiij  massonis 
irnis,  price  xl  ss. ;  tua  thowsand  candellis  of  talch,  price  of  the  pece  our- 
heid  iij  d. ;  tua  candill  kistis,  price  xiii  ss.  iiij  d. ;  thre  gwnis,  price  of 
thame  xl  lib. ;  ane  barrell  of  gunpowder,  price  x  lib. ;  ane  pare  guardi- 
vianis,  price  iiij  lib. ;  tua  hale  stand  of  dornwik  small  napry,  with  xii 
sheriotis,  price  viij  lib. ;  viij  hale  stand  of  napry,  of  bertane  clayth,  with 
iiij  dosane  of  sheriotis,  price  of  the  stand  xl  s. ;  viij  stand  of  gret  napry, 
with  sheriotis  concordant  thairto,  price  of  the  stand  xx  ss. ;  xxiiij  halbertis 
and  axis,  price  of  the  pece  vi  s.  viij  d. ;  xii  Jedburgh  stavis,  price  of  the 
pece  V  ss. ;  xv  hand  bollis,  price  of  the  pece  vi  ss.  viij  d. ;  x  dosane  of  ar- 
rois,  price  of  the  dosane  iiij  ss. ;  xvi  pare  of  splentis,  price  of  the  pare 
XX  s. ;  iiij  jakkis,  price  of  the  pece  vi  merk ;  viij  selletis,  price  of  the  pece 
XX  ss. ;  viij  stele  bonnettis,  price  of  the  pece  vi  s.  viijd. ;  j"=  xl  elnis  of 
lynning  clayth,  price  of  the  eln  xvi  d. ;  xl  serkis  of  lynning  clayth,  price  of 
the  pece  ourheid  v  ss. ;  x  elnis  of  woUin  clayth,  price  of  the  eln  ij  ss. ; 
wollin  yarne  estimat  to  the  quantite  of  ij"  elnis  of  clath,  price  of  the  eln 
xviii  d. ;  four  doubletis  of  worset,  price  of  the  pece  xl  ss. ;  ane  doublet  of 
satin,  price  iiij  lib. ;  xii  fustiane  doubletis,  price  of  the  pece  x  s. ;  xii 
doublettis  of  leddir,  price  of  the  pece  vi  ss. ;  xvi  pare  of  quhit  hoiss, 
price  of  the  pece  vi  ss.  viij  d. ;  four  pare  of  blak  hoiss,  and  vthyr  colour, 
price  of  the  pece  x  ss. ;  xvi  bonettis,  price  of  the  pece  viii  ss. ;  xxvi 
kirtillis  and  govnis  for  women,  price  of  the  pece  xii  ss.,  with  barnis  serkis 
and  vthyr  gere  extending  to  xx  ss. ;  and  xl  ss.  vsuale  money  of  our  realme ; 
viii  pare  of  doubill  solit  schone,  price  of  the  pare  ii  ss. ;  xviii  swerdis,  price 
of  thame  xviij  merkis ;  four  irne  rakkis  of  spetis,  price  of  the  pece  xii  d. ; 
vi  irne  ladillis,  price  of  the  pece  xii  d. ;  four  eill  crukis,  price  of  the  pece 
vi  d. ;  vi  girdillis,  price  of  the  pece  vi  ss. ;  v  bakin  stulis,  price  of  the  pece 
vi  ss. ;  four  maskin  fattis,  price  of  the  pece  x  ss. ;  vii  gile  fattis,  price  of 
the  pece  vi  ss.  viij  d. ;  xvi  standis,  price  of  the  pece  xxx  d. ;  thre  dosane  of 
Hamburgh  barrellis,  price  of  the  pece  iii  s. ;  xxiiij  tubbis,  price  of  the 
pece  xii  d. ;  xvij  pipis,  price  of  the  pece  vii  ss. ;  x  hogheidis,  price  of  the 
pece  iiij  ss. ;  tua  caissit  girnalis  for  mele,  price  of  the  pece  iiij  merkis  ;  xii 
murray  girnalis,  price  of  the  pece  x  ss. ;  v  punchionis  of  AUacant,  Bastard 


1571.]  DECREET    OF    SPULZIE.  79 

Muscade,  and  Caprik  wyne,  price  of  the  tun  xx  lib. ;  xxxix  bollis  of  mele, 
price  of  the  boll  ix  ss. ;  Iv  bollis  of  malt,  price  of  the  boll  xiii  s.  iiij  d. ;  v 
bollis  of  threschin  quhete,  price  of  the  boll  xviij  ss. ;  v  salt  raertis,  price  of 
the  pece  xvi  ss. ;  tua  fresche  martis,  price  of  the  pece  xvi  ss. ;  four  slane  mut- 
toun,  price  of  the  pece  iij  ss. ;  four  gret  schrynis,  price  of  the  pece  xvi  ss. ; 
ane  gret  Flandres  schryne,  price  xlss. ;  xii  vther  kistis,  price  viss.  viiid.; 
four  pepper  quernis,  price  vi  ss.  viii  d. ;  x  salt  hidis,  price  of  the  pece  vi  ss. ; 
XXX  bollis  of  small  salt,  price  of  the  boll  vi  ss.  viij  d. ;  xii  bollis  of  gret 
salt,  price  of  the  boll  xvi  ss. ;  tua  hundreth  herd  killing,  price  of  the  hun- 
dreth  xl  ss. ;  ane  hundreth  herd  scat,  price  iij  lib. ;  tua  gret  dosane  of 
pewdir  veschel,  price  of  the  dosane  viij  merkis ;  tua  half  gaUoun  stopis  of 
tyn,  price  of  the  pece  tua  merkis ;  tua  quartis  of  tyn,  price  of  the  pece 
xiij  ss.  iiij  d. ;  ane  pinte  of  tyn,  price  v  ss. ;  ane  chopin  of  tyn,  price  xxx  d. ; 
xii  half  galloun  stopis  of  tre,  price  of  the  pece  xii  d. ;  xviij  quartis  of 
tre,  price  of  the  pece  vid. ;  Ix  irne  hekkis,  price  of  the  pece  viij  d. ;  xx  fut 
spadis,  pryce  of  the  pece  xd.;  tua  dosane  of  pete  spadis,  price  of  the  pece 
vi  d. ;  ane  dosane  of  hewin  axis,  price  of  the  pece  xvi  d. ;  xij  wommillis, 
price  xiiss. ;  xxiiij  pleuchis,  with  thar  zokkis,  cultar  sokkis,  and  othyr  per- 
tinence, price  of  ilk  pleuch  with  the  pertinence,  x  ss. ;  xxviij  wedgis  of 
irne,  price  of  the  wedg  iiij  ss. ;  xx  sleddis,  with  quhelis,  price  of  the  pece 
xxxii  d. ;  xxvij  cuppill  of  harrois,  price  of  the  cuppill  xii  d. ;  xxvi  laid 
sadillis,  price  of  the  pece  iiss. ;  xliij  sekkis,  price  of  the  pece  iiijss. ;  viij 
canvess,  price  of  thame  viij  merkis ;  viij  ridin  sadillis,  price  of  the  pece 
X  ss. ;  xviij  womennis  courcheis,  price  of  the  pece  iii  ss. ;  viij  score  of 
stanis  of  chess,  price  of  the  stane  iii  s.  ;  xl  stanis  of  butter,  price  of  the 
stane,  v  ss. ;  xviij  mete  burdis,  price  of  the  pece  iiij  ss. ;  xxxii  formis, 
price  of  the  pece  ij  ss.  ;  xxxii  treslis,  price  of  the  pece  xii  d. ;  ane  gret 
bell,  price  ij  merkis ;  tua  abbis,  with  chessabillis,  and  all  grayth  pertening 
to  the  altar  for  saying  of  mess,  price  of  all,  xx  lib. ;  xvi  horssis,  price  of 
the  pece  sex  merkis;  ix  trein  firlottiis,  price  of  the  pece  iiss.;  x  trein 
pekkis,  price  of  the  pece  viij  d. ;  xxxvi  riddillis,  price  of  the  pece  iiij  d. ; 
xvi  sevis,  price  of  the  pece  xii  d. ;  j'=  pare  of  irne  bandis,  snekkis,  and 
platis  for  durris  and  windois,  of  costlie  werkis,  price  x  lib.  ;  ane  gret 
study  of  irne,  price  v  merkis;  tua  gret  almerris,  four  small  almerris,  tua 
bellesis,  with  all  vthyr  grayth  pertening  to  ane  smyth,  price  x  merkis. 
The  quhilkis  gudis  aboue  writtin  pertenit  to  the  said  wmquhile  Wil- 
liame  his  men,  tenentis,  and  seruandis,  and  war  masterfullie  spulzet  and 


80  THE    SPALDING   CLUB    MISCELLANY.  [1571. 

away  takin  be  the  saidis  personis  furth  of  the  said  place  and  houss  of 
Halhill,  and  landis  pertening  thairto,  like  as  wes  clerlie  previt  befor  the 
saidis  lordis :  And  als  be  thame  decretit  and  deliuerit,  that  the  saidis  per- 
sonis sail  content  and  pay  to  the  said  Johne,  as  are  forsaid,  and  his  tutour, 
the  scum  of  v"  lib.  vsuale  money  forsaid,  for  damnage  and  skayth  sustenit 
be  the  said  wmquhile  Williame,  throw  the  wranguus  and  masterfull  destruc- 
tioun  and  douu  casting  of  the  houss  of  Petty,  callit  the  Halhill,  pertening 
to  the  said  vmquhile  William,  and  now  to  the  said  Johnne,  as  are  forsaid, 
as  wes  inlikewise  clerlie  previt  befor  the  saidis  lordis,  and  inlikewise  it  is  be 
thame  decretit  and  ordanit  that  the  saidis  personis  sail  content  and  pay  to 
the  said  Johne,  and  his  tutour  forsaid,  thir  profBttis,  vittalis,  and  grassumis, 
eftir  following,  quhilkis  the  said  vmquhile  Williame,  his  air,  and  his  said 
tutour  micht  haue  had  of  the  landis  vnderwrittin,  gif  thai  had  bene  sufferit 
be  the  saidis  personis  to  haue  lauborit  the  samin  peciabilly  with  thair  avin 
gudis :  That  is  to  say,  the  landis  of  Petty,  Brauchly,  Stratherne,  Rate- 
geddes,  and  the  Mone,  in  the  yer  of  God  j™  v<=  and  xvi  yeris,  extending  to 
tua  chalderis  aitis,  being  estimat  to  the  thrid  come,  price  of  the  chalder, 
vi  merkis  ;  Ix  chalderis  of  here  sawing,  estimat  to  the  ferd  come,  price  of 
the  chalder,  x  merkis ;  the  gerss  of  soumis  of  catall,  nolt,  schepe,  hors, 
and  vthyr  gudis,  price  of  ilk  soumes  gerss,  ii  ss.,  becaus  the  saidis  per- 
sonis, be  force  and  violence,  stoppit  the  said  vmquhile  WilUame  fi-om  occu- 
patioun,  and  vsing  of  the  saidis  landis,  like  as  wes  sufficientlie  previt  befor 
the  saidis  lordis,  as  at  mar  lenth  is  contenit  in  ane  decrete  gevin  be  thame 
thairvpon.  Our  Will  is  herfor,  and  we  charge  yow  stratlie,  and  com- 
mandis,  that  incontinent  thir  our  lettres  sene,  ye  pass,  compell,  and  dis- 
trenze  the  saidis  personis  thar  landis,  and  mak  penny  of  thair  reddiest 
gudis,  and  failzeing  of  thar  mouabill  gudis,  that  ye  apprise  thair  landis  eftir 
the  forme  of  our  act  of  parliament,  to  the  avale  of  the  saidis  soumes  of 
money,  vittalis,  and  gudis  aboue  [writtin],  and  mak  the  said  Johne  Ogiluy, 
as  air  forsaid,  to  be  fullelie  content  and  payit  therof  but  dilay,  and  his  said 
tutour,  in  his  name,  eftir  the  forme  of  the  said  decrete,  as  ye  will  answer 
to  ws  thairwpon.  The  quhilk  to  do  we  commit  to  you,  coniunctlie  and 
seueralie,  our  full  power  be  thir  our  lettres,  deliuering  thame  be  yow,  deulie 
execut  and  indorsat,  to  the  berar.  Gevin  vnder  our  signet,  at  Edinburgh, 
th£  xxiij  day  of  Marche,  and  of  our  regnne  the  ferd  yer. 
Per  decretum  dominorum  consilii, 

J.  CHEPMAN. 


THE  KINGIS  LETTRES, 

COxMMANDAN  THE  ERLE  OF  MURRAY,  LEIVTENENT,  TO 
PASS  VPOUN  THE  CLANHATTAN  AND  BAGENACHT, 

FOR  TO  DESTROY  THAME  ALVTHERLIE. 


M.D.LXXXIII. 


THE  KINGIS  LETTRES, 

COMMANDAN  THE  ERLE   OF   MURRAY,    LEIVTENENT,    TO  PASS 
VPOUN  THE  CLANHATTAN  AND  BAGENACHT, 

FOR  TO  DESTROY  THAME   ALVTHERLIE. 

M.D.LXXXIII. 


James,  be  the  grace  of  God,  King  of  Scottis,  To  our  shirrefBs  of  Kin- 
cardin,  Abirdene,  Banf,  Elgen,  Fores,  Name,  and  Inuernyss ;  and  to  our 
derrest  bruthir,  James,  Erie  of  Murray,  our  lieutenant  generale  in  the 
north  partis  of  our  realme,  and  to  our  louittis  consingis  [  ]  Erie  of 

Suthirland ;  Alexander,  Maistir  of  Sutherland;  Johne,  Erie  of  Cathnes; 
Johne,  Lord  Forbes ;  Hew,  Lord  Eraser  of  Lovet ;  Johne  Grant  of 
Freuchy ;  Ewin  Alansone,  capitane  of  the  Clan  Cammeroun ;  Johne 
M'Kainze  of  Kintaill ;    Wellem  Chesholme  of  [  ]  Vrquard,  our 

shirref  of  Cromerty  ;  Johne  M'Ky  of  Strathnaver ;  and  all  vthiris,  fi-e- 
haldaris,  baronis,  capitanis  of  Clannys,  and  gentilmen,  oure  trew  liegis, 
within  our  shirefdomis  and  boundis  abouewrittin,  oure  shirreffis,  in  that 
parte,  coniunctlie  and  seuerallie,  specialie  constitute,  Greting :  Forsamekill 
as  Johne  M'Kinla,  Thomas  Makkinla,  Ferquhar  M'Kinla,  brethir,  Donald 
Glass,  Anguss  Williamsone,  his  bruthir  William,  Lauchlane  M'Kintoschis 
son,  throcht  assistance,  aud  fortifying  of  all  the  kin  of  Clanquhattane, 
dueUand  within  Baienach,  Petty,  Brauchly,  Strathnarne,  aud  vther  partis 
thairabout,  committis  daly  rasing  of  fire,  slauchtir,  murthur,  heirschippis, 
and  waisting  of  the  cuntre,  sa  that  oure  trew  liegis  in  thair  partis  about 
thaim  may  nocht  leif  in  peace,  and  mak  ws  seruice.  And  in  speciale,  the 
saidis  personis  and  thair  complices  hes  cumm  laitlie  to  the  landis  pertening  to 
James  Dunbar  of  Tarbert,  in  the  Bray  of  Murray,  and  thair  hes  rasit 
fire,  slane,  and  murtharit  vj  men  and  twa  wemen,  and  mutilate  vthir  v  men, 
and  maid  plane  heirschip  of  nolt,  scheip,  hors,  gait,  swyne,  cornis,  and 
jnsycht  gudis,  layand  the  land  waist,  and  makand  depopulation  of  the 
cuntre,  and  tendis  in  contemption  of  oure  autorite  to  ourthraw  all  landis 
about  thaim  with  thair  maisterfull  oppressioun,  heirschippis,  and  destruc- 


84  THE    SPALDING   CLUB    MISCELLANY.  [1583. 

tion,  and  suffir  na  man  to  brouk  landis  that  thai  may  wyn  to,  and  will  na 
wayis  obey  to  oure  lawis.  And  we  and  cure  consale  avisitlie  considerand 
the  grete  harmys  and  contemptionis  done  be  the  said  kin  of  Clanquhattane, 
and  thair  assistaris,  aganis  the  comraoun  wele,  hes  concludit  and  determit 
to  mak  vtir  exterminatioun  and  destructioun  of  all  that  kin,  thair  assistaris, 
and  parte  takaris.  And  thairfore  it  is  our  will,  and  we  charge  straitlie 
and  commandis  yow,  our  said  lieutenent,  and  shirreifis  foirsaidis,  and  your 
deputis,  and  vtheris,  our  shirreifis  in  that  parte  aboue  exprimit,  that  incon- 
tinent thir  oure  lettres  sene,  ye  pass  all  at  anys,  or  as  ye  may  cum  to,  as 
salbe  ordourit  be  yow,  our  said  lieutenant,  with  all  your  powaris  and  con- 
vocatioun  of  our  liegis  in  thai  partis,  in  feir  of  weir,  vpon  the  said  Clan- 
quhattane, and  invaid  thame  to  thair  vter  destructioun,  be  slauchtir, 
byrning,  drowning,  and  vthir  wayis;  and  leif  na  creatur  levand  of  that 
clann,  except  preistis,  women,  and  barnis.  And  that  ye  tak  to  your  self, 
for  your  laubouris,  all  thair  gudis  that  may  be  apprehendit,  and  hald  the 
samyn  to  your  avne  vse  ;  and  thair  attour  ye  sail  haue  reward  of  ws  for  your 
gude  seruice  in  the  premissis.  And  gif  ony  personis  assistis  to  thame,  that  is 
nochte  of  thair  kin,  or  takis  thair  parte,  that  ye  invaid  thai  assistaris,  in 
lykewyse  as  the  principale,  to  thair  vtir  destructioun.  For  the  quhikis  in- 
uasionis,  slauchteris,  birningis,  taking  of  gudis,  or  vthir  skathis,  done  or 
to  be  done  vpon  the  said  Clanquhattane,  or  thair  assisteris,  thair  sail  neuir 
actioun  nor  cryme  be  impute  to  you,  nor  vtheris,  our  trew  Regis,  doaris,  or 
committaris  thairof ;  nor  accusatioun,  nor  restitutioun  follow  thairupon  in 
the  law,  nor  by  the  law,  in  tyme  to  cum.  Bot  all  schairpnes  done  and  to 
be  done  vpon  thame  salbe  haldin  and  repute  lauchfull  and  richtuuslie  done, 
be  command  of  ws  and  oure  consale,  for  the  common  wele  of  oure  realme ; 
and  als  that  ye  tak  the  wemen  and  barnis  of  the  said  clan  to  sum  partis  of 
the  sey,  nerrest  land,  quhair  schippis  salbe  forsene  on  our  expenssis,  to  saill 
with  thame  furth  of  our  realme,  and  land  with  them  in  Jesland,  Zesland,  or 
Norway  ;  becaus  it  wer  inhumanite  to  put  handis  in  the  blude  of  wemen 
and  barnis.  This  ye  do,  and  ilkane  of  yow  for  your  awne  parte,  as  ye  lufe 
the  commoun  wele  of  our  realme,  and  will  haue  thank  of  ws  thairfore  and 
ansueir  to  ws  thairvpoun.  The  quhilk  to  do  we  committ  to  yow,  coniunctlie 
and  seueralie,  our  full  powar  be  thir  our  lettres.  Gevin  vuder  our  signete, 
at  Edinburgh,  the  x  day  of  Nouember,  and  of  our  regno  the  xvj  yeir. 
Ex  deliberatione  dominorum  consilii,  &c. 

J.  CHEPMAN. 


VI. 


A  BRIEFF  ACCOUNT 

OF  THE  WATCH   UNDERTAKEN  BY  CLUNY 
MACPHERSON. 


M.DCC.XLIV. 


A  BRIEF  ACCOUNT 

OF   THE   RISE  AND   PROGRESS  OF    THE  WATCH    UNDERTAKEN 
BY  EVAN  MACPHERSON  OF  CLUNY,  ESQUIRE, 

IN    THE    YEAR     1744, 

FOR  THE   SECURITY  OF   SEVERALL    COUNTRYS    IN  THE    NORTH   OF 
SCOTLAND  FROM  THIFTS  AND  DEPREDATIONS. 


As  the  generality  of  the  Highlands  of  Scotland,  and  of  the  countries  adja- 
cent to  them,  have  for  several!  years  past  been  greatly  oprest  by  many 
wicked  ganges  of  lawless  tbives  and  robbers,  inhabitants  of  the  remote 
Highlands,  who  steal,  or  most  audaciously  rob,  ther  horses  and  cows ;  and 
as  the  countrie  of  Bedenoch,  in  particullar,  lyes  adjacent  to  the  severall 
countries  where  these  ruffians  have  there  residence,  great  numbers  of  its  in- 
habitants have  by  them  been  intyrly  ruened  and  reduced  to  beggarie.  The 
gentlemen  of  that  countrie  made  severall  attemps  to  obviat  this  evil,  by  a 
watch  at  there  own  expence,  but  as  that  countries  was  not  able  of  itself  to 
raise  such  a  fund  as  would  suport  a  sufficient  number  of  men  for  its  pro- 
tection, these  watches  turned  out  to  be  of  litle  or  no  service. 

Therupon  they  did  frequently  in  by  past  years  apply  to  Cluny,  on  whoes 
inclination  and  capacity  to  protect  them  they  greatly  relyed,  offering  him 
for  doing  his  endeavour  to  save  them  as  much  encouradgement  as  they  could 
afford  to  give  any  other  who  would  becom  lyable  for  ther  losses ;  to  which 
Cluny  honestly  answered,  that  as  he  had  no  reasonable  prospect  of  protect- 
ing them  with  the  small  funds  the  country  of  Bedenoch  could  afford,  he 
would  not  pick  ther  pockets  by  pretending  to  do  them  that  service  he  was 
not  capable  of. 

That  country  therafter  suffered  most  incredible  losses  ;  some  possessions 
who  did  not  exceed  £15  sterling  yearly  rent,  haveing  been  damnadged  by 
theft  no  less  then  £100  sterling.  Nor  was  ther  any  prospect  of  reliefe,  till 
at  a  generall  meeting  of  the  gentlemen  of  that  countrie,  in  March  last, 
Cluny  was  most  strongly  and  earnestly  pressed  to  undertake  ther  relief; 


88  THE    SPALDING   CLUB    MISCELLANY.  [1744. 

they  fully  evidenceing  to  him  that  unless  they  were  iraediatly  supported, 
they  would  be  quite  ruened,  and  there  countrie  layd  west,   and  that  his 
friends  and  neighbours  in  severall  of  the  adjacent  countries  were  like  to  rune 
much  the  same   fate.     Cluny,  deeply  affected  with  the  miserable  circum- 
stances of  the  countries,  told  the  gentlemen  that  without  his  Majesty  would 
protect  them,  he  could  see  no  mean   for  there  relief  but  one,  viz.  a  con- 
junction of  all  the  neighbowring  opprist  countries  towards  makeing  a  suffi- 
cient fund  for  setting  up  a  stronge  watch  for  the  mutuall  security  of  them 
all ;  and  that  if  after  the  proper  intimation  were  made  for  finding  ane  under- 
taker in  the  neighbowring  countries,  who  would  becom  layable  for  the  losses 
of  all  such  as  would  contribute,  no  other  person  would  be  found  to  undertak, 
on  whoes  security  the  countries  could  depend;  in  that  case  (and  that  only), 
for  the  want  of  another  proper  undertaker,  he  would  himself  becom  bound 
and  undergoe  the  payment  of  what  losses  these  of  the  conjunction  would 
happen  to  sustaine  :   the  gentlemen  did  unanimously  aprove  of  the  proposall, 
and  caused  mak  this  intimation  ;  yet  as  a  multitude  can  never  be  got  of  on 
mind,  and  have  allways  different  byasses  wherby  they  will  not  unite  in  any 
thing,  though  tending  wastly  to  all  there  interests,   severall  considderable 
persons  who  were  used  to  suffer  by  thefts  and  depredations  abstracted  them- 
selves and  ther  people  from  the  sckame.     However,  as  no  other  person  was 
found  for  the  relief  of  the  countries,   Cluny,  in  persuance  of  his  generous 
intention,  gave  his  oblidgation  to  pay  the  contributers  whatever  damnadges 
they  would  happen  to  sustaine  during  his  undertaking,   though  the  funds 
were  evidently  so  small  as  that  he  behoved  to  be  out  of  pocket,  without  the 
least  prospect  of  advantage,  other  then  the  generall  wellfare  of  his  distrest 
countrymen.     He  set  out  his  men  on  the  tunty-second  of  May  last,  1744, 
whom  he  pickd  out  honest,   and  everie  way  adapted  to  there  chairge,  and 
regularly  stationd  them  on  such  passes  and  inlets  through  which  the  thievish 
sett  used  to  make  there  incursions,  giveing  them  most  strict  orders  that  these 
passes  shuld  be  punctually  travelled  and  watched  night  and  day,  for  keep- 
ing of,  intercepting,  seiseing,  and  imprisoning  the  villans,  as  occasion  offered, 
and  as  strictly  forbiding  and  dischargeing   them  to  act  less  or  more  in  the 
ordinary  way  of  other  undertakers,  who  instade  of  suppressing  thieft,  do 
greatly  suport  it,  by  currying  the  favour  of  the  thieves,  and  gratifying  them 
for  there  diverting  of  the  weight  of  thieft  from  such  parts  of  the  countrys 
as  pay  the  undertaker  for  there  protection,  to  such  parts  as  doe  not  pay 
them. 


1744.]      AVATCH  UNDERTAKEN  BY  MACPHERSON  OF  CLUNY.         89 

This  most  wicked  though  constant  practise  of  other  undertakers,  differs 
from  Clunys  method,  who  cuts  at  the  root,  and  studies  the  intyre  extirpa- 
tion of  the  hellish  trade,  not  suffering  the  thieves  on  any  pretext  to  pass  or 
repass  even  to  or  from  those  he's  not  bound  to  protect. 

The  thieves  finding  themselves  so  strictly  hemd  in,  that  though  they  were 
starveing  at  home,  they  durst  not  adventire  abroad  to  rob  or  steall  in  any 
way  formerly  practised,  divised  a  new  way  against  which  they  knew  Cluny 
could  not  have  been  guarded.  They  stoll  a  parcell  of  cows  from  a  town 
in  Strathnairn,  and,  instead  of  driveing  them  by  land  as  useuely,  they 
ferried  them  over  Lochness  by  boats ;  however,  Cluny  base  in  this  detected 
them,  whereby  the  goods  may  be  recovered,  and  the  villains  prosecuted. 
But  this  new  device  of  the  thieves  subjects  Cluny,  who  was  formerly  too 
much  out  of  pocket  in  his  generous  undertakeing,  to  the  additionall  and 
unexpected  expence  of  guarding  the  many  boats  of  Lochness,  which  is 
tunty-four  miles  longe. 

The  danger  of  thift  is  now  over  for  this  season ;  and,  except  the  few 
cows  above  mentioned,  which  will  be  recovered,  there  has  not  been,  since 
Clunys  undertakeing,  one  cow  or  hors  stolen  in  the  bound  of  his  district ; 
whereas  in  former  years  some  thousand  pound  sterling  woud  not  pay  ther 
yearly  losses.  There  has,  indeed,  been  severall  attempts  of  carieing  off 
of  cows  and  horses  from  bounds  which  Cluny  has  not  undertaken  to  pro- 
tect ;  but  he  generosly  caused  his  watch  intercept  them,  and  restored  them 
to  the  owners.  For  instance,  he  recovered  and  restored  a  sett  of  horeses 
blonging  to  the  Laird  of  Grants  tenants  in  Strathspey ;  at  another  time, 
he  intercepted  and  restored  som  horses  belonging  to  some  persons  in  the 
shire  of  Banff;  and  did  the  like  with  respect  to  cows  belonging  to  persons 
in  Strathallan,  near  Stirling ;  as  he  did  also  with  respect  to  horses  belong- 
ing to  the  Laird  of  Luss  his  tenants,  about  Dumbartan.  These  instances 
may  suffice  to  show  what  a  generous  part  Cluny  acts  in  favour  of  all  the 
countries,  without  the  least  notice  or  resentments  against  such  as  have  not 
acceded  to  the  conjunction.  The  thieves  being  this  reduced  to  the  greatis 
straits  by  Clunys  undertakeing,  found  means,  by  second  hands,  to  propose 
to  him  that  if  he  would  give  up  being  concerned  for  the  protection  of  any 
other  countrys  but  that  of  Bedonach,  where  he  dwells,  ther  woud  be  security 
given  him  for  the  safeaty  for  his  own  and  that  countrys  goods.  This  pro- 
position Cluny  base  generously  rejected,  and  not  only  has  intyrly  stoped 
ther  wicked  trade,  but  has  committed  the  persons  of  severalls  of  them  to 
prison,  whereby  they  may  be  tryed  for  ther  detestable  practises. 


VII. 


PAPERS 


FROM   THE 


CHARTER    CHEST   AT   MONYMUSK. 


M.D.XC— M.DCC.XX. 


PAPERS 


THE  CHARTER  CHEST  AT  MONYMUSK. 


M.D.XC— M.DCC.XX. 


BAND  OF  FRIENDSHIP  BETWIXT   LORDES  ATHOLL,  MURRAY, 
LOVAT,  GRANT,  AND  WTHERIS.     1390. 

Wee,  noble  men,  barrones,  and  gentlemen  undersubscrivand,  be  the  ten- 
or heirof,  bindes  and  oblidges  ws,  and  every  ane  of  ws,  be  the  faith  and 
treuth  in  our  bodies,  to  be  effauld,  trew,  and  leill  to  wtheris  in  all  actiones, 
quarrelles,  questiones,  and  debaittes  quhatsumewer.  And  in  caice  it  shall 
happin  ws,  or  onie  off  ws,  als  weill  the  meanest  as  the  greatest,  to  be  per- 
sewit,  molestet,  troubled,  or  invadit  in  our  persones,  guides  or  geir,  be  any 
persone  or  persones  quhatsumever,  in  that  caice  wee,  and  ewery  on  of  ws, 
bindes  and  oblidges  ws  to  concur,  asist,  tack  place,  pairt,  with  others,  in  de- 
fending, supplieing,  and  resisting  off  the  samyn  to  ur  uttir  power,  against  all 
and  quhatsumewer  persone  or  persones,  the  Kinges  Majestie  being  excepted. 
And  for  the  mair  sur  keeping  heiroff,  wee,  the  saides  persones,  hes,  with 
our  heartes  and  faithfull  mindes,  tuechit  the  evangell  with  our  hands,  to 
abyd  firrae  and  stable  with  wtheris  in  the  premisses  as  said  is,  under  the 
paine  of  perjurie  and  defamatioune,  be  this  presentt  writt,  subscrived  with 
our  handes,  at  Belchastell,  the  lift  day  off  November,  and  att  [  ], 

the  yeir  of  God  j™  v=  fourscor  ten  yeiris,   befFor  thir  vitnessis,    Alexander 


94  THE    SPALDING   CLUB    MISCELLANY.  [1595. 

Stewart  of  Kelspokis,  and  Jeames    Stewart,    appeirand  of  Murray,   and 
William  Benerman. 

John,  Earle  oiF  AthoUe. 

Jeames,  Earle  off  Murray. 

Symon,  Lord  Phraser  off  Lovitt. 

John  Grant  of  Freuquhie. 

John  Cambell  off  Calder. 

Thomas  Stewart  of  Grantullie. 

Patrick  Grant  off  Rothemurcas. 

Suthirland  of  Duffus. 

Archibald  Grant  oif  Bellintome. 


LICENCE,  JAMES  VI.   TO  THE  LAIRD  OF  MONYMUSK  AND  OTHERS, 
TO  CONFER  WITH  THE  EARL  OF  ANGUS. 

Rex. 

We,  ffor  diuerse  gude  causses  and  considerationes  tnoveing  ws,  be  the 
tenour  herof,  geive  and  grant  our  special!  licence  to  our  trustie  and  weill- 
belouittis  Johnne  Wischart  of  Pittarro,  Williame  Forbes  of  Monymusk, 
and  Mathow  Dowglas,  and  ilk  ane  of  thanie,  to  treat,  consult,  and  confer 
with  Williame,  sumtyme  Erie  of  Anguss,  etc.,  twiching  his  obedience  to  ws 
and  the  kirk ;  as  alsua  concerneing  sum  particularis  betuix  him  and  our 
cuisino-,  the  duke  of  Lennox,  concerning  the  leving  of  Anguss.  And  will 
and  grant  that  thai  nor  nane  of  thame  sail  incur  na  cryme  or  danger  thair- 
throw  in  thair  personis,  landis,  or  guids,  nor  sail  neuir  be  callit  nor  accusit 
thairfoir,  be  any  raaner  of  way,  in  tyme  cuming,  notwithstanding  the  for- 
faltour  led  againis  the  said  Erie  of  Anguss,  or  ony  act,  law,  or  proclama- 
tioun  maid  or  to  be  maid  in  the  contrar.  Quhairanent  we,  of  our  auctoritie 
royall  and  kinglie  power,  dispense  with  thame  be  thir  letteris.  Subscryuit 
with  our  hand,  at  [  ]  the  [  ]  day  off  [  ], 

and  of  our  regne  the  xxix  yeir,  1595. 

James  R. 


1610.]  THE    MONYMUSK    PAPERS.  95 


III. 


LETTER,  WILLIAM,  TENTH  EARL  OF  ANGUS,  TO  SIR  WILLIAM 
FORBES  OF  MONYMUSK. 

Loving  Brother, 

I  receaved  your  letter,  and  I  am  sory  my  Lord  Huntlie  hes 
misvset  yow  by  your  merit  and  deserving.  My  opinion  is,  that  ye  sute  your 
landis  hauldand  of  the  king,  quhilk  I  believe  sail  relieve  yow  from  Clunes 
regall  baillerie;  or  at  the  leist,  seing  ye  have  a  baUlerie  of  your  awin  includit 
within  your  chartour  lang  before  his  richt,  and  in  ray  opinion  ye  hauld  these 
landis  blanche,  and  consequentlie  will  aw  no  sutes  to  his  regall  court.  I 
thinke  ye  can  not  be  mikle  hurt  be  ony  posterior  tytle  of  baillerie  or  regalitie, 
bot  ye  sail  not  blame  me  heiranent,  for  ye  had  the  forrming  of  the  decreit 
be  your  awin  men  of  lawes  advyse ;  for  I  will  wryte  nothing  to  the  Marquis 
of  Huntlie  at  this  present,  for  sick  occasiones  as  the  beirer  will  shaw  yow 
at  more  lenthe.  My  counsell  is,  that  ye  cause  Glenbervie  travel!  with 
Clunie,  and  sie  gif  ye  can  get  a  new  translation  of  that  baillerie  in  your 
person,  and  in  your  aires,  and  set  him  sum  tackes  of  his  teindes  to  that 
effect,  for  the  baillerie  of  regalitie  will  make  yow  to  have  a  dependence  of 
the  hale  cuntrey  ;  and  quhat  raches,  suppose  ye  give  some  of  your  geir,  mair 
nor  it  is  worthe,  to  put  your  house  in  peace  and  quyetnes.  I  am  very  sory 
that  Mr.  Johne  sould  have  done  ony  thing  till  offend  or  dishonour  yow  or 
your  bairnes ;  and  I  have  wryten  a  letter  of  reprooffe  to  him  concerning  that 
mater ;  for  seing  ye  gat  bot  little  tocher  gude  with  our  sister,  it  was  the 
leist  thing  we  could  give  yow  our  kyndnes  and  gudwill ;  but  quhar  he  hes 
offendet,  gif  ever  I  come  in  Scotland  againe  I  sail  make  yow  ane  mendis  ; 
and  I  am  sory  that  I  have  not  the  commoditie  at  this  tyme  to  be  present 
that  I  micht  serve  yow,  and  other  friendis,  in  all  your  particular  adoes ; 
and  seing  your  dochter  is  mariet,  my  opinion  is,  that  ye  let  the  letters  de- 
sert against  all  parties,  for  it  will  be  bot  chargeable  to  yow  and  na  profite ; 
and  ye  will  conqueis  bot  inimitie  of  the  Frasers  and  of  the  Gordownes  of 
Abirgeldie.  I  have  beine  sumthing  sieklie  ;  bot  now,  God  be  praiset,  I  am 
Weill.  Thair  is  na  newes  heir  bot  sicke  as  the  beirer  will  shaw  yow  in  ane 
particular  letter.  The  King  was  slane  the  fourteenth  of  May,  efter  our 
count,  unhappilie  be  ane  dispairet  fallow,  ane  of  his  awin  subiectes  of  An- 


96  THE    MONYMUSK    PAPERS.  [1716. 

golesme,  called  Francis  Ravaillac.  He  stude  to  his  defence  that  he  had 
done  it  iustlie,  till  his  latter  houer,  and  wauld  nather  crave  God  nor  this 
King  pardon  for  the  same ;  albeit  bathe  the  doctoures  of  Sorbone  and  the 
court  of  Parliament  delt  with  him  for  that  effect.  He  hes  accuset  na  man 
quhat  some  ever  to  be  airt  or  pairt  of  that  deed,  bot  onlie  himself,  and  said 
he  was  movet  to  do  the  same  for  sick  vane  reasones  that  war  lang  to  wryte. 
The  Prince  of  Condy  is  daylie  expected  heir  from  Flanders  ;  and  gif  the 
Princes  of  France  agrie  amang  thameselves,  as  I  thinke  they  sail  do,  thair 
will  be  nathing  heir  bot  peace  and  quyetnes.  The  King  was  proclamet,  on 
the  morne  efter  the  Kings  death,  Louis  the  XIII,  be  the  Parliaments  in 
France.  He  is  to  be  anoynted  at  Rhemes,  the  twenty-sixth  of  Julii ;  and  the 
hale  officeris  of  estate,  and  governoures  of  provinces  and  townes  ar  to  be 
continewit  as  the  war  in  the  last  Kings  tyme.  And  thus  my  hartlie  com- 
mendationes  rememberet  to  my  sister  your  bedfellow,  your  son  William, 
and  your  bairnes.     I  rest. 

Your  loving  brother, 

ANGUSS. 
The  15  of  June,  1610. 

To  his  loving  brother,  the  Laird  of  Monimus,  this  be  delyverit. 


IV. 

DESCRIPTION  OF  THE  PRESENT  STATE  OF  [MONYMUSK],  AND 
WHAT  HATH  BEEN  DONE  TO  MAKE  IT  WHAT  IT  IS.  BY  SIR 
ARCHIBALD  GRANT.     1716. 

By  the  indulgence  of  a  very  worthy  father,  I  was  alowed,  1716,  though 
then  very  young,  to  begin  to  inclose,  and  plant,  and  provide,  and  prepair 
nurseries.  At  that  time  there  was  not  one  acre  upon  the  whole  esteat  in- 
closed, nor  any  timber  upon  it  but  a  few  elm,  cycamore,  and  ash,  about  a 
small  kitchen  garden  adjoining  to  the  house,  and  some  stragling  trees  at 
some  of  the  farm  yards,  with  a  small  cops  wood,  not  inclosed,  and  dwarfish 
and  broused  by  sheep  and  cattle.  All  the  farmes  ill  disposed  and  mixed, 
different  persons  having  alternate   ridges ;  not  one  wheel  cariage  on  the 


1716.]  THE    MONYMUSK    PAPERS.  97 

esteat,  nor  indeed  any  one  road  that  would  alow  it,  and  the  rent  about 
£600  sterling  per  annum ;  grain  and  services  converted  to  money.  The 
house  was  an  old  castle,  with  battlements,  and  six  different  roofs  of  various 
hights  and  directions,  confusedly  and  inconveniently  combined,  and  all 
rotten,  with  two  wings  more  modern,  of  two  stories  only,  the  half  of  win- 
dowes  of  the  higher  riseing  above  the  roofs,  with  granaries,  stables,  and 
houses  for  all  cattle,  and  of  the  vermine  attending  them,  close  adjoining, 
and  with  the  heath  and  muire  reaching  in  angles  or  goushets  to  the  gate, 
and  much  heath  near,  and  what  land  near  was  in  culture  belonged  to  the 
farmes,  by  which  their  cattle  and  dung  were  always  at  the  door.  The 
whole  land  raised  and  uneven,  and  full  of  stones,  many  of  them  very  large, 
of  a  hard  iron  quality,  and  all  the  ridges  crooked  in  shape  of  an  S,  and 
very  high,  and  full  of  noxious  weeds  and  poor,  being  worn  out  by  culture, 
without  proper  manure  or  tillage.  Much  of  the  land  and  muire  near  the 
house,  poor  and  boggy ;  the  rivulet  that  runs  before  the  house  in  pitts  and 
shallow  streams,  often  varying  channel  with  banks,  always  ragged  and 
broken.  The  people  poor,  ignorant,  and  slothfull,  and  ingrained  enimies 
to  planting,  inclosing,  or  any  improvements  or  cleanness ;  no  keeping  of 
sheep,  or  cattle,  or  roads,  but  four  months  when  oats  and  bear,  which  was 
the  only  sorts  of  their  grain,  was  on  ground.  The  farme  houses,  and  even 
corne  millns,  and  mans  and  scool,  all  poor  dirty  butts,  pulled  in  peeces  for 
manure,  or  fell  of  themselves  almost  each  alternate  year.  Peter  the  First 
of  Russia  had  more  trouble  to  conquer  the  barbarous  habits  of  his  subjects, 
than  in  all  the  other  great  improvements  he  made. 


[The  judicious  measures  adopted  by  Sir  Archibald  Grant  for  the  im- 
provement of  his  estate,  are  in  nothing  more  observable  than  the  noble 
masses  of  plantations  which,  under  his  fostering  care,  arose  on  hill  and  dale. 
The  appearance  of  the  country  must  have  been  wonderfully  changed  for  the 
better  as  these  woods  advanced.  Indeed,  it  is  difficult  now  to  conceive  of 
that  bleakness  of  which  Sir  Archibald  complains ;  and  among  the  many 
thousands  of  acres  of  wood  which  were  planted  by  this  indefatigable  im- 
prover, there  are  trees  of  a  size  so  gigantic,  that  few,  if  any,  can  be  found 
to  equal  them  in  Scotland.] 


THE    SPALDING   CLUB    MISCELLANY.  [1719- 


A  TRUE  ACCOUNT  OF  TWO  VISIONS  SEEN  ON  THE  MOORE  CALD 
THE  WHITE  MYRES,  A  MILE  AND  ANE  HALF  TO  THE  WEST- 
WARD OF  ABERDEEN,  [SENT  BY  THE  LAIRD  OF  KINGSWELLS 
TO  SIR  ARCHIBALD  GRANT  OF  MONYMUSK.     13th  November,  1719.] 

The  first  was  on  the  twenty-ninth  of  Januarie  last,  att  eight  houres  in  the 
morning,  there  appeared  ane  army,  computed  to  be  the  number  of  seven 
thusand  men.  This  computation  was  made  by  a  very  judicious  man,  who  had 
been  long  a  souldier  in  Flanders,  and  is  now  a  farmer  at  this  place,  who,  with 
about  thirtie  other  persons,  were  spectators.  This  army  was  drawn  up  in  a 
long  line  in  batle  aray,  ware  seen  to  fall  doun  to  the  ground,  and  start  up 
al  att  once ;  thair  drums  ware  seen  to  be  carried  on  the  drummers  backs. 
After  it  remained  more  then  two  houres,  a  person  on  a  white  horse  road 
alono-  the  line,  and  then  they  all  marched  towards  Aberdeen,  where  the  hill 
cald  the  Stokett  tooke  them  out  of  sight.  It  was  a  cleare  sun  shine  all 
that  morning. 

The  second  was  on  the  twenty-first  October  last,  upon  the  same  ground. 
About  two  thousand  men  appeared  with  blew  and  white  coatts,  clear  arms, 
glancing  or  shining  white  ensignes  ware  saen  to  slap  down,  as  did  the 
former,  att  which  tyme  a  smoak  apeird,  as  if  they  had  fired,  but  no  noise. 
A  person  on  a  white  horse  also  road  alonge  the  line,  and  then  they 
marched  off  towards  the  bridge  of  Dee.  This  vision  continued  on  the 
ground  from  three  houres  in  the  afternoon,  till  it  was  scarce  light  to  see 
them.  It  was  a  cleare  fine  afternoone,  and  being  the  same  day  of  the 
great  yearly  fair  held  att  Old  Aberdeen,  was  seen  by  many  hundreds  of 
people  going  home,  as  weall  as  by  above  thirty  that  war  at  their  own  houses, 
about  half  a  mile  distant.  Its  observable  that  the  people  that  ware  coming 
from  the  fair,  cam  thorow  them,  but  saw  nothing  till  they  cam  up  to  the 
crowd  that  war  standing  gazing,  who  caused  them  to  look  back. 

Both  these  vissions  I  enquired  about  imediatly  after,  and  examined  many 
of  the  spectators  with  the  outmost  care,  who  all  agree  with  the  greatest 
confidence  imaginable,  so  that  there  is  no  roome  left  of  doubting  the  truth. 

I  shall  add  to  this,  that  while  I  was  sitting  with  Captain  Grant,  me  asking 
what  news  att  Aberdeen  att  a  servant,  who  told  us  that  the  river  of  Don 


1720.]  THE    MONYMUSK    PAPERS.  99 

was  dryed  up,  I  imediatly  took  horse  and  road  down  the  river,  and  ex- 
amined that  affair,  and  found  that  on  Monday  befor,  the  second  day  of 
November,  the  river  had  suddenly  dryed  up  in  the  night  time,  begining  a 
litle  below  Kemnay,  and  down  near  to  the  old  town  of  Aberdeen.  I 
road  six  miles  along  the  watter  side,  and  found  it  had  been  so  dry  att 
Inverourie  and  Kintore,  that  children  of  five  or  six  years  of  age  gathered 
up  the  fish,  trouts,  and  eels,  and  many  people  going  to  a  fair  had  com 
over  dry  foot,  som  wherof  war  Aberdeens  men  of  good  credite.  When 
the  watter  returned,  which  was  about  twelve  houres  at  noon,  it  came  insen- 
sibly ;  this  most  of  the  town  of  Inverourie  war  witnesses  to.  The  watter 
continued  in  the  potts.  It  was  only  the  streams  that  dryed,  and  some 
foords  that  a  litle  horse  could  not  ride  on  Saturday  before ;  and  I  hear 
for  certain,  that  the  watter  of  Diveren  did  the  like  on  the  Wedensday 
thereafter,  close  by  the  town  of  BantF.  This  will  puzle  thy  philosophy, 
but  thou  needs  not  doubt  of  the  certainty  of  ether. 

ALEX.  JAFFRAY. 


VI. 


MEMOIRES  [OF  THE  STATE  OF  THE  COUNTRY  IN  THE  EARLY  PART 
OF  THE  EIGHTEENTH  CENTURY,  BY  SIR  ARCHIBALD  GRANT  OF 
MONYMUSK.] 

In  my  early  days,  soon  after  the  Union,  husbandry  and  manufactures 
were  in  low  esteem.  Turnips  in  fields  for  cattle,  by  Erie  of  Rothes,  and 
very  few  others,  were  wondered  at ;  wheat  was  almost  confined  to  East 
Lothian  ;  inclosures  few,  and  planting  very  litle ;  no  repair  of  roads,  all 
bad,  and  very  few  wheel  carriages  ;  no  coach,  chariote,  or  chaise,  and  few 
carts,  benorth  Tay.  In  1720,  I  could  not,  in  chariote,  get  my  wife  from 
Aberdeen  to  Monymusk.  Collonel  Midleton,  the  first  who  used  carts  or 
waggons  there ;  and  he  and  I  the  first  benorth  Tay  who  had  hay,  except 
very  little  at  Gordon  Castle.  Mr.  Lockart  of  Carnwath,  author  of 
Memoirs,  the  first  that  attempted  raising  or  feeding  cattle  to  size. 
Mrs.  Miller  of  [  ],  who  had  made  noise  about  [  ],  the  first 

who   attempted    threed  or  fine  linnen ;    and  the  Miss  Walkenshaws   suc- 
ceeded.    These  first  took  place   about  Glasgow  and  Renfrew,   by  which, 


100  THE    SPALDING    CLUB    MISCELLANY.  [1720. 

and  other  industry,  their  towns  made  rapid  encrease ;  Edinburgh  then,  and 
most  others,  having  little  but  retail  trade.  Aberdeen  was  then  poor  and 
I  sraalle,  haveing  some  Dutch  and  French  trade  by  salmond,  and  stockings, 
and  serges,  and  plaiding ;  had  first  use  of  tea,  then  very  scarce,  and  little 
used  at  Edinburgh,  supplyd  Edinburgh  with  French  wines,  where,  notwith- 
standing towns  dueties,  it  sold  in  retail  in  and  from  taverns,  at  lOd.  per 
choppin  or  English  quart.  Few  families,  except  dealers,  had  it  in  cask 
for  [  ]  use,  haveing  it  from  taverns,  which  were  then  much  used ; 

and  table  and  body  linnen  seldom  shifted,  and  but  course,  except  for  extra- 
ordinary occasions,  moveing  necks  and  sleeves  of  better  kinds  being  then 
used  by  best.  Many  wooden,  mud,  and  thatched  houses,  within  gates  at 
Edinburgh,  Glasgow,  and  Aberdeen  ;  few  others  without  gates  there  or 
in  other  towns.  The  churches,  abbys,  castles,  and  all  large  stone  edifices 
[  ]   ^y  foreign   contributions,   or   the  slavery  and  want  of  other 

employ  of  the  people,  and  all  in  friendship  aideing  each  other.  Nobles 
and  chiefs  were  tyrants,  and  kings  according  to  dispositions,  by  their  means. 
After  union  of  crowns,  before  that  of  nations  privy  council  tyrannical!, 
and  neither  fixed  property  or  liberty.  All  improvements  of  security, 
husbandry,  manufactures,  commerce,  or  police,  are  since  1707,  with  which 
literature  in  any  extensive  degree,  except  scool  jargon,  hath  keeped  pace. 


VIII. 


THE   ARBUTHNOT  PAPERS. 


M.CCCC.LXXXVII— M.DC.LXXXI. 


THE   ARBUTHNOT    PAPERS. 

M.CCCC.LXXXVIl— M.DC.LXXXI. 


I. 

ROBERT  ARBUTHNOT  AND  MARION  SCRIMGOR,  HIS  WYFFE,  THEK 
RECEPCION  IN  THE  FRATERNITIE  OF  THE  ORDOUR  OF  OBSER- 
VANTIA.     1487. 

In  Christo  sibi  carissimis  Roberto  de  Arbuthnot,  domino  eiusdem,  eiusque 
sponse,  ac  utriusque  sexus  prolibus,  Deo  ac  beato  Francisco  deuotis,  Frater 
Johannes  Grohin,  reuerendissimi  patris  Ministri  generalis  ordinis  saeri 
minorum,  super  omnes  fratres  eiusdem  ordinis  Cismontanarum  partium 
de  obseruantia  nuncupates,  generalis  Vicarius,  Salutem  in  domino  ac  bonis 
perfrui  sempiternis.  Feruidus  vestre  deuocionis  affectus  quera  ad  nostrum 
geritis  ordinem,  exigencia  digna  requirit,  vt  quia  in  temporalibus  non  possu- 
mus  vicem  vestre  caritati  respondere,  in  spiritualibus  tamen  quantum  nobis 
auctorc  Deo  suppetit,  proutque  nostris  apud  Deum  seruamus  desideriis,  et 
quantum  vestra  promeretur  caritas,  vestris  beneficiis  gratitudinis  debito  com- 
pensemus.  Quappropter  vos  ad  nostram  confraternitatem  recipio  in  vita  pa- 
riter  et  in  morte,  plenam  et  specialem  participiacionem  omnium  carisma- 
tum  et  operum  meritoriorum,  videlicet  missarum  oracionum,  diuinorum  offi- 
ciorum,  deuocionum,  suffragiorum,  jejuniorum,  vigiliarum,  disciplinarum 
ceterorumque  bonorum  spiritualium,  tenore  presencium  vobis  graciose,  con- 
ferendo,  que  per  fratres  mihi  subditos,  sorores  Sancte  Clare,  necnon  fratres  et 
sorores  de  penitencia  fieri  dederit  Auctor  Omnium  Bonorum  Dei  Filius,  vt 
multipliei  suffragiorum  adiuti  presidio,  et  hie  augmentum  gratie  et  in  futuro 
mereamlni  eterne  vite  praemia  possidere.  Volens  ut  dum  obitus  vester,  quem 
Deus  in  longum  ad  bonorum  operum  lucrosa  exercitia  protrahere  dignetur, 
in  nostris  denunciabitur  capitulis,  pro  vobis  fiant  oraciones  eedem,  que  pro 
precipuis  benefactoribus  nostris  est  in  nostro  ordine  hactenus  laudabiliter  fieri 
consuetum.    In  cuius  concessionis  testimonium  sigilluni  prefati   officii  mei 


104  THE    SPALDING    CLUB    MISCELLANY.  [1491. 

cum  manu  mea  duxi  presentibus  appendeiidum.  Datum  in  conventuu  nos- 
tro  Sancte  Marie  de  Angelis  apud  Tholosam  prouincie  Aquitanie  tempore 
generalis  capituli  super  festo  Penthecostes  inibi  celebrati.  Anno  domini 
millesimo  cccc""  octuagesimo  septimo. 

J.   Smaloysel  de  mandate  R.  P.  vie.  gen. 


LIBERTIE  GR.\NTED  BE  THE  POPE  TO  ROBERT  ARBUTHNOTT  AND 
HIS  SPOUS,  TO  CARRY  ANE  ALTAR  AND  SUA  MESSIS  WHER 
THEY  PLEAS,  IN  ONY  PLACE  CONVENIENT,  IN  POPE  INOCENT 
THE  AUGHT  HIS  TIME  AND  SEVINTH  OF  HIS  PONTIFICAT. 

Julianus,  miseratione  diuina  Episcopus  Ostiensis,  dilectis  in  Christo 
Nobilibus  Roberto  de  Arbuthnot  laico,  domino  temporali  dicti  loci,  et 
eius  uxori  dioceseos  Sancti  Andree,  Salutem  in  domino.  Sincere  deuo- 
tionis  afFectus,  quem  ad  Romanam  geritis  ecclesiam,  non  indigne  me- 
retur  ut  petitionibus  vestris  presertim  quas  ex  deuotionis  feruore  pro- 
dire  conspiciraus,  quantum  cum  Deo  possumus  fauorabiliter  annuamus : 
Hinc  est  quod  nos  deuotis  uestris  supplicacionibus  inclinati,  vt  liceat 
uobis  et  uestrum  cuilibet  habere  altare  portatile  cum  debita  reuerentia ; 
super  quo  in  locis  congruentibns  et  honestis,  per  proprium  uel  alium  sacer- 
dotem  ydoneum,  missam  et  alia  diuina  officia,  sine  iuris  alieni  preiudicio,  in 
uestra  et  cuiuslibet  uestrum  ac  familiarium  uestrorum  domesticorum  pre- 
sentia,  possitis  facere  celebrari,  auctoritate  domini  pape,  cuius  primarie  curam 
gerimus  :  Et  de  eius  speciali  mandato  super  hoc  uiue  vocis  oraculo  nobis 
facto,  deuotione  uestre  tenore  presentium  indulgemus.  Datum  Rome 
apud  Sanctum  Marcum  sub  sigillo  offiicii  primarie,  Nonis  Mail  Pontificatus 
domini  Innocentii  pape  viii  anno  septimo. 

Caramellus. 

A.  de  Calandrinis. 

R.  de  Ciminoutinithus. 

M.  de  Vultous. 

Nicolaus  Bride,  p. 

Dorso  :  D.  de  Marano. 
D.  Valffornora. 


15 12-]  THE    ARBUTHNOT    PAPERS.  105 

III. 

ROBERT  ARBUTHNOT  OF  THAT  ILK  AND  MARIONE  SCRYMGOUR. 
ASSOCIAT  TO  THE  FRATERNETIE  OF  ST.  JHONE  OF  JERUSA- 
LEM, CONTEININGE  ABSOLUTIONE  PRE  ALL  THER  SINIS. 

Deuotis  in  Christo  sibi  dilectis,  nos  frater  Willelmus  Knollis  miles  pre- 
ceptor sancte  domus  beati  Johannis  in  Jerusalem,  Salutem  et  augmen- 
tationem  [  ]  celestium  gratiarum,  ex  ingentibus   vestrarum  deuo- 

cionum  afl'ectibus  quos  ad  nostram  ordinem  antedictum  piis  intencionibus 
geritls,  et  caritatis  operibus,  [  ]  vt  quod  nos  temporaliter  retribuere 

non  valemus  in  terris,  saltem  oracionutn  sufiVagils  conipenseraus  in  celis. 
Hinc  est,  quod  vos  in  fillum  et  filiam  suscipiendo  spirituales,  vos  Robertum 
Arbuthnot  et  Mariotam  Scrymgeour  in  fi-atrem  et  sororem  tocius  ordinis 
antedicti  aggregaraus,  vigore  cuius  fraternitatis  eritis  absoluti  per  confes- 
sorem  ydoneum  de  omnibus  vestris  [  ]  contritis  et  oblitis  per  tres 

dies  solempnes  anni,  viz.  die  Cene  Domini,  die  apostolorum  Petri  et  Pauli 
et  die  assumpciouis  beate  Marie  Virginis,  et  in  articulo  mortis,  tocies  quocies 
eritis  constituti,  cum  multis  aliis  priuilegiis  quae  causa  brevitatis  in  presenti 
scripto  imponere  non  possumus.  In  cuius  rei  testimonium  sigillum  officii 
nostri  presentibus  est  affixum. 

FORMA  ABSOLUCIONIS    IN    VITA    ET  IN  MORTIS  ARTICULO,  MISERICORDITER. 

Dominus  noster  Jhesus  Christus  qui  dedit  potestatem  ligandi  atque  so- 
luendi,  ipse  te  absoluat,  et  ego  te  absoluo,  auctoritate  apostolorum  Petri 
et  Pauli  et  tocius  matris  ecclesie,  atque  virtute  istius  priuilegii  papalis  in 
quantum  claues  ecclesie  se  extendunt  in  hac  parte.  Et  sitis  absoluti  ante 
tribunal!  Domini  nostri  Jliesu  Christi,  et  habeatis  vitam  eternam  in  secula 
seculorum. 

IV. 

BISCHOP  OF  CATHNES,  THAN  BEING  COMPTROLLAR  OR  THESAURER, 
ACQUITANCE  OF  ANE  HUNDRETH  MERKIS,  FOR  COMPOSITIONE, 
BE  JAMES  ARBUTHNOT,  IN  PART  OF  PAYMENT  OF  HIS  NEW 
INFEFTMENT.     17th  May,  1512. 

We,  Andro,  bischope  of  Caithnes,  Comendatar  of  Kelso  and  Fern, 
and  thesourar  to  our   Souerane  Lord,  grants  ws  to  have  ressauit  be  the 


106  THE    SPALDING    CLUB    MISCELLANY.  [1520. 

handis  of  Master  James  Wischart  of  Pettarowe,  the  sovme  of  ane  hundreth 
merkis  vsuale  money  off  Scotland,  in  the  name  and  behalfe  of  James  Ar- 
buthnot  of  that  Ilk,  in  part  of  payment  of  ane  composicione  for  ane  new 
infeftment,  maid  be  our  Souerane  Lord  to  the  said  James,  of  the  Barony  of 
Arbuthnot.  Off  the  quhilk  sovme  of  ane  hundreth  merkis,  in  our  saide 
Souerane  Lordis  name,  we  hald  ws  wele  content  and  pait,  and  the  saidis  James 
Arbuthnot,  his  airis,  executoris,  and  assignais  thairof  dischargis  and  quit- 
clamis  for  euir.  In  vitnes  hereof,  we  have  subscriuit  this  our  acquittance 
with  our  hand,  at  Linlytgow,  the  xxii  day  of  Mail,  the  yere  of  God  j"-  v^-  and 
twelff  yeris. 

Andreas,  Episcopus  Cathanensis  Thesaurarius. 


JAMES  ARBUTHNOT  OF  THAT    ILK,    HIS    LYCENCE    TO    PAS  IN  PIL- 
GRIMAGE  TO  SANCT  JOHNE    IN  AMYANCE.     23d  November,  1520. 

James,  be  the  grace  of  God  king  of  Scottis,  To  all  and  sindry,  our 
justice  chawmerlenis,  sheriffis,  prowestis,  baillies  of  burrowis,  and  all  otheris, 
our  officiaris  and  ministeris  of  oure  law,  spirituall  and  temporall,  liegis  and 
subdittis  quhame  it  efferis,  quhais  knawledge  thir  owr  letres  sail  cum,  grat- 
ing. Wit  ye,  that  forsamekle  as  our  louit,  James  Arbuthnot  of  that  Ilk,  is, 
of  our  beneuolence  and  licence  speciall,  quhilkis  we  gif  to  him,  to  pass  in 
his  pilgrimage  to  Sanct  Johnne  of  Amiens,  in  the  realme  of  Fraunce,  and 
othir  places  beyond  sey,  in  his  pilgrimage  and  erandis  he  has  thair  ado.  We 
haue  thairfor  takin  wnder  our  fermm  pece,  speciall  protectioune,  mantein- 
ance,  suple,  defence,  and  sauf  guard,  the  said  James  Arbuthnot  of  that  Ilk, 
and  all  and  sindry  his  landis,  rentis,  possessionis,  casteUis,  fortalicis, 
strenthis,  howsis,  teneraentis,  bigingis,  takkis,  malingis,  stedingis,  stoyr 
placis,  grangis,  woddis,  bowis,  fischingis,  cornis,  cattel,  baillies,  officiaris, 
proper  tenentis,  familiar  seruandis,  factoris,  procuratoris,  and  intromet- 
toris ;  and  all  and  sindry  thair  gudis,  movable  and  vnmovable,  quhatsum- 
euir.  Attowr,  we  haue  respit,  and  be  thir  our  letres,  speceally  resputtis, 
all  and  sindry  actionis,  causis,  pleyis  and  querrellis,  movit  or  to  be  mowit, 
tuiching  and  concerning  the  said  James  Arbuthnot  of  that  Ilk,  his  bailleis, 


1527.]  THE    ARBUTHNOT    PAPERS.  107 

oiBciaris,  proper  tenentis,  familiar  seruandis,  factouris,  procuratouris,  and 
intromettouris,  to  cess  and  rest  fra  the  day  of  the  dait  of  thir  presentis  to 
the  day  of  his  returning  agane,  and  fourty  dais  thairefter  folovand  ;  and  that 
he  and  thai  salbe  in  the  meyn  tym  fre  and  exempt,  quhame,  be  the  tenor  of 
thir  presentis,  we  fi-elie  eseeme  fra  all  compering  to  our  justice  airis,  chaw- 
merlane  airis,  sheriff  courtis,  and  utheris,  and  fra  all  pleyis,  for  quhatsum- 
euer  causis  or  actionis  bigane,  vnto  his  returning  agane  in  Scotland,  and 
xl  dais  thairefter,  Quharefore,  we  charge  straitlie  and  command  yow  all 
and  sindry,  our  justice,  chawmerlenis,  sheriffis,  and  prowestis,  baillies  of 
burrowis,  and  all  other  oure  oiBciaris  and  ministeris  of  our  realm,  spirituall 
and  temporall,  liegis  and  subdittis  quhatsumeuer,  [that]  nane  of  yow  tak 
uponn  hand  to  wex,  inquiet,  perturb,  or  ony  way,  cannonlie  or  ciuilie,  molest 
the  said  James,  his  baillies,  officiaris,  proper  tenentis,  familiar  seruandis, 
factouris,  procuratoris,  or  intromettouris,  attour  thir  oure  letres  of  licence, 
protectioune,  respitt,  and  exemptioune,  wnder  all  the  hiest  pane,  charge, 
and  offence  that  ye  and  ilk  ane  of  yow  may  commit  and  incur  agane  our 
maieste  in  that  part,  dischargeing  yow  and  ilkane  of  yow  of  your  office  in 
that  part  be  thir  presentis.  Gevin  onder  our  pryue  seill,  at  Edinburgh, 
the  xxiii  day  of  Nouember,  the  yer  of  [God]  j"-  v<=-  and  twenty  yeris, 
and  of  our  regine  the  aucht  yer. 

A.  Lygait. 

Ja.  Cancellarius. 

Alr.  Erl  of  Huntle. 

Erl  of  Argyl. 

G.  Byschop  of  Aberdeen. 


VI. 

DISPENSATION  BY  JAMES  V.  FOR  SERVING  ROBERT  ARBUTHNOT 
OF  THAT  ILK  AIR  TO  HIS  FATHER,  JAMES,  NOCHTWITHSTAND- 
ING  OF  HIS  MINORITE.     12th  February,  1527. 

James,  be  the  graice  of  God  kmg  of  Scottis,  To  our  Shireff  of  Kincardyn 
and  his  deputtis,  greting.  Wit  ye  ws,  of  our  speciall  fauor  and  kingly  power 
to  have  dispensit,  and  be  thir  our  letres  speciallie  dispenssis,  with  our  louit, 
Robert   Arbuthnot  of  that  Hk,  sone  and  air  of  vmquhile  James  Arbuth- 


108  THE    SPALDING   CLUB    MISCELLANY.  [1549- 

not  of  that  Ilk,  vpon  his  rainorite  and  less  aige,  quhairin  he  is  now  consti- 
tute, to  the  effect  that  he  may  now  in  his  less  aige  be  enterit,  be  breuis  of  in- 
quest of  our  chapell,  to  all  and  haile  his  landis  and  barony  of  Arbuthnot,  wyth 
the  pertinentis,  lyand  within  our  sheriffdome  of  Kincardyne,  syklyke,  and 
als  lauchfullie  be  vertew  of  this  our  dispensacioun,  as  and  he  wer  at  his  lauch- 
fuU  aige  of  xxi  yeris  complete,  resseruand  to  ws  and  to  thame  that  hes  the 
warde  of  ws,  all  and  haile  the  profittis  and  dewiteis  pertenyng  to  ws,  during 
all  and  haile  the  tyme  and  space  of  the  said  ward,  It  is  our  will  heirfor, 
and  we  charge  yow,  that  incontinent  thir  our  letres  sene,  ye  mak  the  breif  or 
breuis  of  inquest  of  our  chapell  rasit,  or  to  be  raisit  be  the  said  Robert,  to 
be  lauchfullie  proclamit  and  dewlie  servit  for  his  entre  to  his  saidis  landis 
and  barony  ;  siclyke,  and  als  full  be  vertew  of  this  our  dispensatioune  anent 
that  poynt  of  his  aige,  as  and  he  wer  of  xxi  yeiris  complete,  nochtwyth- 
standing  that  he  is  yit  of  less  aige.  Anent  the  quhilk  we  haue  dispensit 
wyth  thim,  as  said  is  ;  and  dispenssis  inlykwyss  anent  that  poynt  of  his  age 
with  you  and  the  inquest  that  passis  vpone  the  serving  of  the  said  breif  be 
thir  our  letres,  sa  that  ye  nor  thai  sail  nocht  be  accusit  nor  incur  ony  skaith 
thairthrow  in  tyme  cumyng.  Gevln  onder  our  signet,  and  subscriuit  with 
our  hand  at  Abirdene,  the  tuelft  day  of  Februare,  and  of  our  regnne  the 
XV  yeir. 

James  R. 


VII. 

LETTER,  JAMES  DUKE  OF  CHATELHERAULT,   TO  THE  LAIRD 
OF  ARBUTHNOT. 

GUBERNATOR. 

Traist  Freynde,  eftir  hartlie  commendatioune,  we  ar  suirlie  aduertist 
that  thair  is  ane  army  of  Inglande  makand  reddy,  quhilk  intendis  schortlie 
to  invaid  this  realme,  and  cum  in  the  inwart  partis  thairof,  to  byrne,  hery, 
and  distroy  the  Quenis  leiges ;  and  for  resisting  of  thaim,  and  stopping  of 
thair  crowell  intentioune,  we  purpoiss  to  pas  fordwart  ourself,  quhairfore  it 
is  thocht  expedient  that  letres  be  direct  generalie  throw  all  this  realme,  to 
conuene  all  barones,  landitmen,  and  substantious  yemen  men,  to  be  in  Edin- 
burgh, the  xiii  day  of  Apprile  nixt  to  cum.     Prayand  yow  heirfore  effec- 


1568.]  THE    ARBUTHNOT    PAPERS.  109 

tuslie,  that  ye  with  your  freinds  and  substantious  commonis  keip  the  said 
day,  with  xl  days  wictualis,  conforme  to  the  proclamationis,  as  ye  lufe  the 
Weill  and  libertie  of  this  realme,  and  will  schaw  your  gud  seruice  and  reddy- 
nes  in  that  behaf,  and  Almychty  God  half  you  in  his  keiping.  At  Edin- 
burght,  the  xiii  day  of  Merche,  1549. 

Your  gvd  Frende, 

James.  G. 

To  our  traist  freynd  the  Laird  of  Arbuthnot. 


VIII. 
JAMES,  EARL  OF  MURRAY,  TO  THE  LAIRD  OF  ARBUTHNOT. 

Traist  Freind,  eftir  oure  maist  hertlie  coramendationes,  now,  as  is  nocht 
vnknawin  to  yow,  approches  the  tyme  of  the  Parliament,  quhairin  diuers 
materis  ar  to  be  intreatit  to  the  glory  of  God,  the  promoting  of  the 
king  oure  lordis  authoritie  and  seruice,  and  the  publict  quietness  and  com- 
moditie  of  this  his  realme.  At  quhilk  Parliament  it  is  convenient  that  all 
nobUl  men  and  gentilmen  quha  hes  declairit  thame  obedient  to  his  hienes 
and  his  authoritie,  be  present,  that  be  thair  presence  and  avyse  materis  may 
the  bettir  and  mair  substantiouslie  proceed.  Quhairfoir  we  pray  you  elFec- 
tuislie,  as  ane  of  this  nowmer,  that  ye  prepare  and  address  your  self,  ac- 
cumpanyit  with  your  honest  freindis  and  servandis,  in  your  maist  substan- 
t'ous  maner,  to  be  in  Edinburght,  the  xiii  day  of  August  nixtocum,  providit 
to  remane  quhill  the  end  of  the  said  Parliament,  to  the  eifect  aboue  specifeit, 
as  ye  will  declair  your  gude  will  and  effectioun  to  our  souerane,  his  autho- 
rite,  and  seruice,  and  do  ws  maist  thankfull  and  speciall  plesour.  Sa  we 
comit  yow  to  God.     At  Edinburgh,  the  xiii  day  of  Julii,  1568. 

Your  gude  Freind, 

James,  Regent. 

To  our  truist  freind  the  Lard  of  Arbuthnot. 


110  THE    SPALDING   CLUB    MISCELLANY.  [1575. 

IX. 

JAMES,  EARL  OF  MORTON,  TO  THE  LAIRD  OF  ARBUTHNOT. 

Rycht  traist  Friend,  efter  oure  hairtlie  commendationes,  we  haue  laitlie 
ressauit  new  plegeis  of  the  brokin  men  inhabiting  the  bordoure,  quhilkis 
we  haue  directit  to  be  kepit  in  vther  places.  And  thairfore  it  is  our  will, 
and  we  dessire  yow,  that  ye  let  to  libertie  and  fredome  Thome  Johnnestoun, 
sone  to  Dauid  of  the  bankis,  now  being  in  your  company  and  custodie,  that 
he  may  depairt  hame  to  his  dwelling  place,  or  freindis,  at  his  pleassour, 
quhairvnto  thir  presentis  sail  serve  yow  for  sufficient  warrant.  Sua  we  com- 
mit yow  to  God.     At  Halyruidhous,  the  xx  day  of  December,  1575. 

Your  assuirit  Freind, 

James,  Regent. 

To  our  richt  traist  freind  the  Laird  of  Arbuthuot. 


X. 

GEORGE,  MASTER  OF  MARISCHAL,  TO  THE  LAIRD  OP  ARBUTHNOT. 

Rycht  honorabill  and  weil  belouit  Cousing,  I  haue  onderstand  be 
this  bearer  that,  at  my  requeist,  ye  ar  willing  your  eldest  sone  suld 
spend  a  pairt  off  his  tyme  in  my  company,  quhairinto  I  think  myself 
oblist  wnto  yow,  assurand  yow  that  he  sail  be  no  oder  wayis  vsit 
and  tratit  thane  my  selff,  and  sail  laik  nathing  that  may  be  ffor 
his  fordrance  that  lyis  in  my  pouer.  Fairdermoir,  the  minister,  our 
cousing,  schew  me  that  ye  wald  haue  knawin  in  quhat  equipage,  con- 
cernyng  his  horssis,  seruantis,  and  claiss,  it  war  meit  he  suld  be.  My 
opinion  is,  that  he  will  nocht  mistar  ony  seruants,  in  respect  myne  sail 
haue  that  command  to  weit  upon  him ;  also,  as  concernyng  his  horsis, 
indeid  I  think  he  will  mister  tway,  in  respect  of  the  kingis  grace  daylie 
rydinf,  quhairat  baith  I  and  he  man  continuallie  be  present ;  as  to  his 
manner  of  clething,  in  that  he  may  haue  his  awin  fre  will ;  yit,  seing  he  will 


1581.]  THE    ARBUTHNOT    PAPERS.  Ill 

be  estemed  as  off  my  company,  I  think  it  will  nocht  be  on  meit  to 
be  in  blak,  bot  in  all  thais  ye  sail  do  as  ye  think  guid.  I  haue  schawin 
ray  opinion  onlie  becauss  I  was  requered  off  it.  I  suppone  that  I  sail 
nocht  gang  to  the  court  quhyll  efter  my  Lord  Marris  brydell,  quhilk  will 
be  in  the  end  off  this  moneth,  so  that  in  the  mene  tyrae,  giff  ye  and 
he  thinkis  guid,  he  may  cum  ouer  heir  and  pass  the  tyme  in  huntyng, 
or  ony  oder  pastyme  as  sail  occurre.  So  nocht  wyllyng  to  truble 
yow  with  farder  letter,  bot  with  my  hartlie  commendation  to  your  bed- 
fellow and  sonnis ;  quhome,  and  yow,  I  commit  to  the  protection  of 
the  Almychty,  our  guid  God.  From  Dunotter,  this  xxii  off  October, 
1580,  be 

Your  assured  guid  Freind, 

Mastir  Marschall. 

To  the  rycht  honorabill  and  well  belouit  cousing, 
the  Laird  of  Arbuthnot,  delyuer  this. 


XI. 

WILLIAM,  FOURTH  EARL  MARISCHAL,   TO  THE  LAIRD  OF 
ARBUTHNOT. 

Euir  with  all  hartlie  commendacionis,  this  Sunday  the  xxiii  off' 
Aprile,  I  resauit  your  writeing  fra  my  cussing  and  yours,  the  persone  off 
Dunotter,  ffor  the  len  of  sick  siluer  as  ye  vreitt,  in  respect  that  ye  haue 
meikill  ado  with  the  same.  Cussing,  I  am  richt  sorie  that  I  suld  nocht 
acknawin  off  this  your  desyr  a  httil  afoir  this  present.  Quhairoff  a 
treuth,  diuerss  off  my  dochteris  hawing  ado,  and  my  awin  neidfull  afferis, 
as  I  haue  schawin  to  this  beirar,  hes  sua  empteitt  may  hand,  that  I 
can  nocht  at  this  present  satisfie  your  request,  vnto  the  tyme  I  may  haue 
sum  moyann  by  selling  off  my  wictuall  to  mak  new  furnessingis,  quhairoff 
I  pray  yow  hartlie  to  hawe  me  excuissit,  ffor  giff  your  charge  had  cum 
first  ye  suld  hawe  bein  first  obeyit,  as  vnto  him  quham  I  wald  glaidlie  pie- 
sour  in  ony  thing  I  culd,  lik  as  I  hawe  this  berrar,  my  cussing  and 
youris,    declair,    quhom    I  dout  nocht   bot   ye  will    credeitt,    and    this    I 


112  THE    SPALDING   CLUB    MISCELLANY.  [1583. 

pray  God  for  your  weilfair.     At  Dunnotter,  this  Sonday  laitt,  the  xxiii  off 
Aprile,  1581. 

Your  aid  wnckill  at  powar, 

Merscheall. 

To  the  richt  honorabill  and  my  hartlie  beluiffit  neuoy, 
Laird  off  Arbuthnott,  be  this  delyuerit. 


XII. 
KING  JAMES  VI.  TO  THE  LAIRD  OF  ARBUTHNOT. 

Richt  traist  Freind,  we  greit  yow  hartlie  weill.  We  haue  send  oure 
seruitour,  Alexander  Young,  for  ane  speciall  erand  of  ouris  to  be  comu- 
nicat  to  you,  quhairin  we  desyre  yow  firmlie  to  credit  him.  And  that  be 
him  we  may  understand  and  have  a  pruif  of  your  gude  will  at  this  tyme 
(the  occasioun  for  craving  it),  as  ye  will  do  ws  acceptabill  and  gude  plesour, 
to  be  thankfullie  remeniberit  quhen  your  erand  may  fall  in  oure  way.  And 
sa  resting  to  your  ansuer,  comittis  yow  to  God.  At  Halyrudehous,  the  vii 
day  of  May,  1583. 

James  R. 

To  our  richt  traist  freind,  the  Lairde  of  Arbuthnot. 


xin. 

KING  JAMES  VI.  TO  THE  LAIRD  OF  ARBUTHNOT. 

Traist  freind,  we  greit  youe  hartlie  weill.  Being  desyrous  to  put  sum 
spedie  ordour  to  the  reformatioun  of  sindrie  thingis  that  ar  amiss,  bayth  in 
religioun  and  policie,  and  therin  to  vse  the  adwyse  of  sum  speciallis  of  our 
nobilitie,  baronis,  and  burrowes,  best  affected  to  religioun  and  the  comoun 
weill  of  this  our  realme,  we  haue  thocht  meit  to  desyr  yowe,  as  ane  of  the 


1.589.]  THE    ARBT^THNOT    PAPERS.  113 

said  nowmer,  that  in  ony  wayis  ye  f'aill  noclit  to  be  at  ws  heir  in  Halyruid- 
hous,  vpoun  the  xxiiii  day  of  Nouember  instant,  ready  to  assist  ws  with 
your  guid  counsall  and  concurrence  in  sic  thingis  as  sail  be  oppennt  to  yow 
at  your  cuming.  Quhairanent  trusting  ye  will  nocht  failzie,  as  ye  will 
kythe  yowe  weill  affected  to  our  service  and  the  weill  of  this  estait,  we 
commit  yow  to  God.     At  Halyruidhous,  the  xiiii  day  of  November,  1588. 

Ja:\ies  R. 

To  our  traist  freind,  the  Laird  of  Arbuthnot. 


XIV. 
KING  .TAMES  VI.   TO  THE  LAIRD  OF  ARBUTHNOT. 

Rycht  traist  freind,  we  greit  yow  hartlie  weill.  Vnderstanding  that  thair 
is  bandis,  practizes,  conspiraciis,  conventicles,  and  conventiones  of  menn,  in 
armes,  in  sindrie  partis  of  our  realme,  without  oure  preuicie  or  allowance, 
(quhatsoever  hes  bene  reportit  in  the  contrair),  quhilk  apperis  dangerous  to 
the  trew  religioun,  and  to  the  inquieting  of  oure  persone  and  estait,  pretendeat 
oure  name  to  cloik  thair  unlauchfull  doingis,  and  to  draw  oure  lieges  the 
rather  to  follow  thame,  to  thair  greit  inconvenient,  and  truble  of  our  hale 
realme ;  we  think  it  thairfoir  convenient  to  be  accompanyit  with  a  force  of 
oure  loving  and  faithfull  subiectis,  the  bettir  to  resist  all  invasioun,  and,  as 
occasioun  saU  oifer,  to  repress  the  insolence  of  the  movaris  of  this  disor- 
doure.  Desyring  yow  thairfoir  elFectuouslie,  that  ye  will  nocht  faillie, 
accompanyit  with  your  kyn,  freindis,  seruandis,  and  hale  force,  that  ye  may 
mak,  armit  with  speiris  and  hagbuttis,  and  address  yow  to  cum  to  ws  heir 
to  Edinburght,  with  all  possible  diligence  eftir  the  sycht  heirof,  to  accum- 
pany  ws  sa  lang  as  the  necessitie  of  this  caus  sail  require ;  as  ye  will 
declair  your  affectionat  mynd  to  oure  welfair,  and  do  ws  acceptable 
seruice.  Thus  we  comit  yow  to  God.  At  Edinburght,  the  xii  day  of 
Apryle,  1589. 

James  R. 

To  our  richt  traist  freind,  the  Laird  of  Arbuthnot. 


114  THE    SPALDING    CLUB    MISCELLANY.  [1589. 

XV. 
KING  JAMES  VI.   TO  THE  LAIRD  OF  ARBUTHNOT. 

Rlcht  traist  freind,  we  greit  yow  weill.  Our  manage  now,  at  Godis 
pleasour,  being  concludit,  and  the  Quene  our  bedfellow  hourlie  louked  for 
to  arrive,  it  becummis  ws  to  haue  sic  as  accumpanies  hir  weill  and  honorablie 
interteinet,  as  our  ambassadoure  hes  fund  the  lyk  in  pruif  already.  To  the 
furtherance  quhairof,  we  mon  employ  the  gudewill  of  our  loving  subiectis, 
of  best  eifectioun  and  habilitie,  and  thairfor  eirnistlie  and  eifectwuslie  de- 
syris  yow  that  ye  will  send  hither  to  the  help  of  the  honorable  charges  to  be 
maid  in  this  actioun,  sic  quantitie  of  fatt  beif  and  muttoun,  on  futt,  vyld 
foullis,  and  venysoun,  or  vther  stuff,  meitt  for  this  purpois,  as  possiblie  ye 
may  provide  and  furneueis,  of  your  awin,  or  be  your  moyane,  and  expeid 
the  samyn  heir  with  all  diUgence,  efter  the  ressait  of  this  our  letter,  and 
delyuer  it  to  our  seruitour,  Walter  Neasch,  master  of  our  lairdner,  quhome 
we  haue  appoyntit  to  ressaue  the  samyn,  and  gif  his  ticket  thairvpon.  That 
we  may  particularlie  knaw  the  gude  wills  of  all  men,  and  acknawledge  it 
accordinglie,  quhen  tyme  servis ;  and  that  ye  delyuer  your  ticket  of  that 
quhilk  ye  send,  to  ane  of  our  master  househaldis,  quha  sail  attend  thair- 
vpoun,  aduertising  him  quhat  salbe  lipnit  for,  that  we  be  nocht  dissapointit ; 
as  ye  will  do  ws  richt  acceptable  pleasour  and  service.  And  sa  for  the  pre- 
sent committis  yow  to  God.   At  Edinburght,  the  penult  day  of  August,  1589. 

James  R. 

To  our  right  traist  freind,  the  Laird  of  Arbuthnot. 


XVI. 
KING  JAMES  VI.   TO  THE  LAIRD  OF  ARBUTHNOT. 

Richt  traist  freind,  we  greit  yow  hertlie  weill.  Sen  our  vuage,  praised 
be  God,  hes  bene  prosperous,  the  day  of  the  coronacioun  of  the  Quene, 
our  derrest  spous,  approcheing  vpoun  the  xvi  day  of  this  present,  we  re- 
quieist  yow  effectuouslie,  that  ye  will  not  faill  to  haue  hither  sic  support  of 
stuff  and  prouisioun  as  ye  haif  alreddy,  or  is  able  to  gett,  according  to  our 
former  letres  and  requeistis,  and  deliuer  the  same,  at  the  auld  cuinzehouse, 


1676.]  'IHE    ARBUTHNOT    PAPERS.  115 

to  our  master  of  househald,  Andro  Meluile,  appointed  to  vessaue  the 
samin,  vpoun  the  xviii  day  of  May  instant,  and  to  mak  trew  report,  be 
write,  of  euery  mannis  furthwardnes  and  guidwill  in  this  behalf,  as  ye  will 
deserue  our  speciall  thankis.  Swa  we  commit  yow  to  God.  At  Haliruid- 
hous,  the  ellevint  day  of  May,   1590. 

James  R. 
To  our  richt  traist  fi-eind,  the  Laird  of  Arbuthnot. 


LICENCE  BY  THE  PRIVy  COUNCIL,  IN  FAVOUR  OF  ROBERT. 
VISCOUNT  ARBUTHNOT,  AND  OTHERS. 

The  Lords  of  Councell  gives  full  licence  and  liberty  to  Robert  Vicecownt 
of  Arbuthnot,  Sir  John  Carnegy  of  Craig,  Sir  Alexander  Carnegy  of  Bal- 
namone,  Williame  Rait  of  Halgrein,  and  Robert  Arbuthnot  of  Fyndowrie, 
and  suche  as  shalbe  in  cache  of  thair  companies,  to  eat  and  feed  vpon  flesche 
during  this  forbidden  tyrae  of  Lentron,  viz.,  from  the  [  ]  day  of 

[  ]  to  the  [  ]  day  of  [  ]  nixt  thairafter,  and  alsua 

vpon  Wednisdayes,  Frydayes,  and  Satterdayes,  for  the  space  of  a  yeir 
efter  the  dait  heirof,  and  that  without  any  cryme,  quarrell,  skaithe,  or 
danger,  to  be  sustinet  be  thaim,  or  any  of  thame,  in  thair  personis,  goods, 
or  geir  ;  notwithstanding  of  whatsumevir  act  of  parliament,  statute,  or 
proclamatioun  made  in  the  contrare,  whairanent,  and  all  paynes  thairin 
contenit,  the  saids  Lordis  dispenssis  simpliciter.  Given  at  Edinburgh,  the 
[  ]  day  of  Marche,   1642. 

Loudoun,  Cancellarius.    Argyll.  Morton. 

Eglintoun.  Southesk.  Al.  Gibson  Durie. 

Sir  Thomas  Hope.  J.  Carjiichaell.    Robert  Innes  of  that  Ilk. 


XVIII. 

JOHN,  SIXTH  EARL  OF  ROTHES,  TO  THE  VISCOUNT  ARBUTHNOT. 

Right  Honorable,  the  Lords  of  his  Majesties   Privy   Councill  haveing 
ordered   a  rendevous    of  the    militia  trowp    under    your    command,  to  be 


116  THE    SPALDING    CLUB    MISCELLANY.  [1681. 

keeped  at  Aberdein,  the  third  day  of  June  nixt,  at  which  the  muster 
maister  generall,  or  one  deputed  by  him,  is  to  attend  for  mustering  them, 
yew  are  required  to  give  advertisement  therof  to  the  commissioners  of  the 
militia,  and  others  concerned,  in  the  vsual  maner,  that  the  forsaid  dyet 
may  be  punctually  keeped.  This  the  Councill  has  appointed  to  be  signified 
to  yow,  by 

Your  lo.  humble  Servant, 
Edr.  27  Apryle,   1676.  Rothes,   Cancell.  j.  p.  d. 

For  the  Viscount  of  Arbuthnot,  Captain  of  the  Militia  Troup 
in  the  Shyr  of  Kincardin,  and  Marshallis  part  of  Aberdein. 

[memorandum  by  lord  arbuthnot.] 
This  letre  receaved  vpon  the  nineteenth  May,  and  vpon  the  twenty  ane 
ordore  diret  to  Thomas  Burnet  to  advertese  the  leaderis  to  send  thair  pro- 
portions to  ane  previous  randevouse,  and  that  they  meet  thair  troope  at  the 
Bridge  of  Dee  vpon  the  second  of  Junii,  to  keepe  the  generall  randevouse 
vpon  the  third,  befor  the  mustir  master  generall  and  the  coUectore,  the  for- 
said ordered  to  intimate  a  previous  randevouse  of  the  shires  [  ]  at  Bog- 
hall,  upon  the  thirty  of  Mail,  and  to  ordere  thair  proportions  to  meet  att 
Bridge  of  Dee,  vpon  the  second  of  Junii,  to  keepe  the  generall  randevous, 
and  the  commissioners  to  meet  at  Boghall  to  kno  the  counsells  letre. 


CERTIFICATE  IN  FAVOUR  OF  ROBERT,  VISCOUNT  ARBUTHNOT. 

Edinburgh,  the  fyfth  day  of  December,  1681. 
The  whilk  day,  Robert,  Viscount  of  Arbuthnot,  did  take  and  signe  the 
test  appoynted  by  the  sext  act  of  this  current  Parliament,  as  being  any 
waves  concerned  in  publict  debts,  that  he  might  have  the  benefite  thereof, 
and  that  in  presence  of  the  Lord  President  of  the  Session,  commissionat  by 
his  Royal  Highnes,  and  Lords  of  Privy  Councill,  upon  the  said  Viscount, 
his  addresse  to  that  eifect,  conforme  to  their  commission,  dated  the  twenty- 
fourth  day  of  November  last  by  past.     Extracted  by  me. 

Will.  Paterson. 


IX. 
EXTRACTS 

FROM 

THE    REGISTER  OF  THE  REGALITY 
COURT    OF    SPYNIE. 


M.D.XCII— M.DC.I. 


EXTRACTS  FROM  THE   REGISTER    OF   THE 
REGALITY  COURT  OF  SPYNIE. 

M.D.XCII— M.DC.I. 


The  Court  of  the  Lordschip  and   Regalite  of  Spyne,  haldin  within   the 
Chepdour  of  the   Cathedrale  Kirk  of   Murraye,   be    John    Innes    of 
Leuchouris,  bailye  therof,  the  tuentie  day  of  Januar,  the  yeir  of  God 
jm.  yc.  fourscore  tuelf  yeris,  the  suittis  callit,  the   Court  lauchfullie 
fensit  and  affermit,  as  vse  is. 
The  said  day,  Alexander  Men  enterit  in  pannell,  and  being  accusit  for 
the  alledgit  cruell  slauchter  and  murthour  of  vmquhile  Johnne  Cuming  in 
Pettindreiche,  committit  and  done  be  him  in  the  moneth  of  November  last 
bypast,  or  therby,  refuisit  the  samen,  and  oiferit  him  to  the  tryell  of  ane 
assyse  therof;  and  the  assyse  efter  mentionat  being  lauchtfullie  summondit  to 
that  effect,  and  present  in  judgment,  comperit  Archimbald  Douglas,  partie 
persewar  in  the  actioun  within   wretin,   and  alledgit  that  the  assyse  efter 
mentionat  was  nocht  lauchfullie  summonit,  becaus  he,  being  partie  persewar, 
and  haiflfing  craiiEt  lang  of  before  the  bailye  forsaid  to  put  the  said  Alex- 
ander Men  to  ane  assyse  for  the  alledgit  slauchter  of  the  said  John  Cuming, 
his  seruitour,  alledgit  that  the  summondis  suld  haue  beine  directit  to  him, 
and  at  his  instance,  as  partie  persewar,   to  the  effect  he  micht  haue  causit 
ane  officiar  of  the   said  regalitie  summond  ane  vnsuspect  assyse,  according 
to  the  practic  and  forme  vsit  be  the  justice  in  criminale  caussis,  quha  giffis 
the  summondis  to  the  partie  persewar  and  to  na  vther,  sua  that  the  assyse 
summonit  to  this  day  being  summonit  by  the  knawledge  of  the  said  Arch- 
inbald,  partie  persewar,  can  be  na  lauchfuU  assyse,  and  thairfor  yit,  as  of 
befor,  desyris  ane  precept  to  be  direct  at  his  instance,  as  parte  persewar, 


120  THE    SPALDING    CLUB    MISCELLANY.  [1592. 

to  summond  ane  assyse.  To  the  quhilk  it  is  answerit  be  the  said  John  Innes 
of  Leuchouris,  bailye  forsaid,  that  he  haiffing  alredy  detenit  the  said  Alex- 
ander Men  in  his  keping  in  fermance,  be  the  space  of  nyne  houkis  or  thair- 
by,  for  art  and  parte  of  the  alledgit  slauchter  forsaid,  and  knawing  of  na 
partie  persewar,  causit,  be  his  officiar  and'  precept,  summond  ane  condigne 
number  of  assyse  of  the  four  halfis  about.  Quha  being  callit  vpone  the 
threttene  day  of  this  instant,  at  the  desyre  of  Hew  Douglas  and  Tiberius 
Vinchister,  serultour  to  the  said  Archinbald  Douglas  of  Pettindreiche,  al- 
ledgino-  his  command,  desyrit  continuation  of  this  matter  to  the  tuentie  of 
this  instant,  quhilk  the  judge  grantit.  Ex  adiierso,  Comperit  the  said 
Archinbald  Douglas  of  Pettindreiche,  and  denyit  mandat,  command,  or 
procuratorie,  giffin  be  him  to  that  effect  nor  knowledge  of  the  mater,  as 
than,  and  sua  yit  as  of  befor,  desyris  ane  summondis  at  his  awin  instance 
to  summond  ane  vnsuspect  assyse,  as  lykevayis  alledgis  that  the  judge  can 
nocht  pretend  ignorance  hot  he  vas  partie  persewar,  for  in  presens  of  my 
Lord  of  Spyne  and  diverse  gentell  men  he  crawit  Alexander  Men  to  be  put 
to  the  tryell  of  ane  assyse  for  the  cause  forsaid.  It  is  alledgit  be  Thomas 
Hepburne,  prelocutour  for  the  said  Alexander  Men,  that  the  continua- 
tioun  beino-  accordit  to  be  the  said  Archinbaldis  seruitouris,  and  the 
samin  cumand  to  his  knawledge  vpone  the  said  threttene  day  of  this 
instant,  quhilk  the  said  Archinbald  confessit  that  it  come  to  his  knawledge, 
hot  nathing  of  the  names  of  the  assyse.  In  respect  of  quhais  confession, 
the  judge  remittit  the  said  Alexander  to  the  knawledge  of  the  assyse  efter- 
mentionat : 

Nomina  assise. 

Valter  Kinnard  of  Cubin.  James  Vysman,  elder. 

Thomas  Grant  in  Birney.  James  Stewart  in  Balormy. 

James  Innes  in  Elgyn.  Martene  Petre  in  Corsley. 

James  Man  in  Birney.  Henrie  Rag  in  Mostowy. 

Johnne  Nauchte  in  Mostowye.  John  Robertsoun  in  Kinedvard. 

Henrie  Vinchister  in  Stotfauld.  Williame  Innes  in  Kinneduart. 

John  Gordouns  in  Mostowye.  John  Vinchister,  thair. 

James  Wysman,  younger,  thair. 

Quhilk  assyse  passand  furth  of  judgement,  and  being  veill  and  ryplie 
aduysit  with  the  dittay  forsaid,  efter  thai  war  admittit  and  sworne,  and  re- 
turnand  in  judgement,  be  the  mouthe  of  Walter  Kinnard  of  Cubin,  chan- 
celler  of  the  said  assyse,  pronuncis  the  said  Alexander  acquyte  of  the  al- 


1,594.]  REGALITY    OF    SPYXIE.  121 

ledgit  slauchter  and  murthour  forsaid,  quharvpone  dome  was  giffin.  Quhar- 
vpone  the  said  Alexander  requerit  rolment  of  Court  and  ane  absoluitour  to 
be  giffin  to  him  in  forme  of  testimoniale,  quhilk  the  judge  adraittit,  quhar- 
vpone he  tuik  act.  And  the  said  Archinbald  Douglas  of  Pettindreiche  pro- 
testit  that  the  dome  forsaid  suld  he  nul,  in  respect  that  the  alledgit  deid  for- 
said is  ane  foule  murthour,  committit  vnder  clud  of  nycht,  and  consequentle 
ane  caus  of  tressone,  vpone  the  quhilk  na  judge  may  sit  without  ane  com- 
missioun,  except  the  gustice,  and  thairfor  protestit  in  maner  forsaid,  quhar- 
vpone he  tuik  act. 

The   Court  of  the  Lordschip  and  Regalite  of  Spyne,   haldin  within  the 
Chepdour  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorabill  man, 
John  Innes  of  Leuchouris,  baUye  principale  therof,  the  tuentie  seuint 
day  of  Junij,   1594,  the  suittis  callit,  the  Court  lauchtfullie  fensit  and 
aifermit,  as  vse  is. 
That  day,    Thomas   Purse,  vobster,  in  the   CoUedge  of  the  Cathedrale 
Kirk  of  Murraye,  vas  decernit  and  ordanit  to  content  and  pay  to  Williame 
Douglas,  Vicar  of  Elgin,   Cheplan  of  Santlaurence  Cheplanrie,   situat  and 
fundit  within  the  said   Cathedrale   Kirk  of  Murraye,   the  soume  of  aucht 
merkis  Scottis  mone,   for  the  Vitsonday  and  Mertimes  maill,  in  anno  four- 
score   threttene  yeris,   for  the  land  quharin  the  said    Thomas  presentlie 
duellis  in,  pertening  to  the  said  Cheplanrie,  within  xv  dayis,  vnder  the  panes 
of  poynding,  quhairvpone  the  said  Williame  Douglas  requerit  act. 

The  said  day,  anent  the  complent  giffin  in  be  John  Gibsone,  burges  of 
Elgin,  contrare  Alexander  Cuming  and  Androw  Sibbathe,  indwellaris 
within  the  CoUedge,  for  bigging  and  vpputting  to  the  said  John  of  ane  hous 
vpone  the  north  syd  of  the  burghe  of  Elgin,  quhilk  suld  haue  bene  biggit 
at  the  feist  of  Vitsonday,  fourscore  tuelf  yeris,  conforme  to  thair  faithfull 
promeis,  for  quhilkis  they  haue  already  resauit  payment.  Comperit  the 
defendaris  and  grantit  the  promeis  forsaid,  in  respect  quhairof,  the  judge 
ordanis  thame  to  big  the  said  hous  sufficientlie  within  ane  moneth,  or  vther- 
vayes  to  content  and  pay  to  the  said  Johne,  the  soume  of  twentie  four 
pundis  mone,  within  aucht  dayis  thairefter,  quharvpone  the  said  Johne  re- 
querit act. 

The  quhilk  day,  Androw  Patersone,  seruitour  to  James  Man,  in  Birney 
being  accusit  be  Androw  Smytht,  in  Birney,  for  cutting  of  thre  meris  tallies, 
committing  tharthrow  m  inifest  oppressioun,  comperit  the  said  Androw  and 


122  THE    SPALDING   CLUB   MISCELLANY.  [1594. 

denyit  the  deid  forsaid,  and  the  persewar  referrit  the  samin  to  his  aithe,  quha 
being  sworne,  deponis  that  he  did  nocht  the  deid  forsaid.  In  respect 
quharof,  the  judge  assolyeis  him ;  and  being  perseuit  be  the  said  Androw 
for  withhalding  from  the  said  Andrew  ane  boll  victuall  coft  be  the  said 
Androw  from  him,  in  Mr.  Androw  Gordounes  hous  in  Elgin,  denyit  the 
samin,  and  vas  lykvayis  assolyeit  be  his  aithe,  quharvpone  the  said  Androw 
requerit  act. 

The  Court  of  the  Lordschip  and  Regalite  of  Spyne,  holdin  within  the 
Chepdour  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorable  man, 
Johnne  Innes  of  Leuchoris,   balyie  principall  therof,  the  tuentie  aucht 
day  of  December,  1594,  the  suittis  callit,  the  Court  lauchtfuUie  fensit 
and  afferniit,  as  vse  is. 
The  said  day,  comperit  personale  Williarae  Cuming  of  Kelles,  cautioun 
of  colerathe,  set  be  Johne  Innes  of  Leuchouris,  to  ane  noble  lord,  Lodovik 
Duck  of  Lennox,  leutennent  for  the  tyme  for  justice  doing  vpone  the  per- 
sones  contenit  in  the  former  act,   as  lykevayis  cautioner  for  the  entrie  of 
James  Talyeour  in  Middiltoun  ;  Johnne  Rob  in  Reidlone  ;  Johnne  Scote  in 
Blairnahall ;  Androw  Mitchell  thair ;   Thomas    Schipperd  in  Litill  Inner- 
"lochte  ;   Thomas    Scote  thair ;  John   Sutherland  of  Kirkland  ;    enterit  the 
saidis  persones  in  pannell,  and  protestit,  that  be  thair  entrie  he  suld  be  frie 
of  the  penaltie  contenit  in  the  former  act ;  as  lykvayis  the  bailyie  protestit 
he  suld  be  frie,  in  respect  he  vas  redy  to  ministrat  justice  to  parteis  com- 
plenand,  quhairvpon  thay  and  other  of  thame  tuik  act  of  Court. 
Intrantes. 
James  Talyeour  in  Eistertoun. 
Johnne  Rob  in  Reidlone. 
Johnne  Scote  in  Blairnahall. 
Androw  Mitchell  thair. 
Thomas  Schipperd  in  LitiU  Innerlochte. 
Thomas  Scote  thair. 

Johnne  Sutherland  of  Kirkland  of  Duffus. 
James  Stewart  in  Balormye. 
Quhilk  persones  pannalit  as  said  is,  desyrit  to  be  tryet,  gif  thair  vas  ony 
persone  or  partie  vald  accuse  ony  of  thame,  or  any  dittay  to  alledge  contrare 
ather  of  them  ;  and  the  judge  causit  instantlie  reid  the  dittay  efter  men- 
tionat,  to  ather  of  them,  quherof  the  tennour  foUowis. 


1594.]  REGALITY     OF     SPYNIE.  123 

Andrew  Mitchell  in  Blairnahall,  ye  ar  indyttet  and  accusit  for  the 
slauchter  of  bhik  fische  vpon  the  vater  of  Lossye,  in  forbidden  tyme,  quhilk 
ye  can  nocht  denye. 

Item,   For  forstalling  and  regrating  of  mercattis,  quhilk  thow  can  nocht    Convict, 
denye. 

Thomas  Schipperd  in  Litill  Innerlochte,  thow  art  indytit  and  accusit  for    Acquvtis. 
ane  common  forstaller  and  regrater  of  mercattis,   quhilk   thow  can  nocht 
deny. 

Thomas  Scote,   thow  art  indytit  for  ane  forstaller,  quhilk  thow  can  nocht    Acqytis. 
deny. 

James  Tailyeour  in  Eistertoun,   thow  art  indytit  and  accusit  on  thy  lyff,    Acquitis. 
for  the  ressait  of  Alexander  Colman,  quha  is  knawin  ane  notorious  theife, 
and  resetter  off  thift,  lyk  as  thow  ressauit  frome  him  thre  oxin,  quhilk  thow 
can  nocht  deny. 

Item,   For  outputting  to  lymmeris  of  Williame   Johnstounes  sheip,  of    Acquytis. 
Auchtertyre,  to  Straythspey,   and  thairfor  detenit  in  Darnvey  the  space  of 
ane  yeir,  quhilk  thow  can  nocht  deny. 

Johnne  Rob  in  Reidlone,  indytit  for  the  thifteous  steling  of  threttie  tua    Acquytis. 
held  of  scheip,  at  tua  seuerale  tymes,  frome  Mr.  Alexander  Leslie,  in  Quyt- 
bertye,  quhilk  thow  can  nocht  denye. 

Johnne  Scote  in  Blairnahall,  indytit  for  ane  common  stelar  of  scheip.  Acquytis. 

Johnne  Sutherland  of  Kirkland  of  Duffus,  ye  ar  indytit  for  the  barber-    Acquytis. 
ing,   resetting,  and  intercommoning  with   Johnne   Innes,   sone  to  William 
Innes,   in   Vnthank,  being  at  the  red  of  Auldchonnen  with  my  Lord  of 
Huntlie,  quhilk  ye  can  nocht  deny. 

James  Steuart,  in  Balormye,  thow  art  indytit  and  accusit  on  thy  lyff  for   Nota.    This 
the  maisterfull,  violent,  and  tressonable  cuniing  to  the  hous,  and  beo-o-lno-   *'*'"  fl'ttay 

oCi     o    contra.ro  thp 

of  James  Schand   thair,  in  the  monethe  of   Maij,   1591  yeris,  and  thair,  persones 

vnder  silence  of  r.ycht,  brak  vp  the  saidis  James  Schandis  durris,  him  self,  ''boue  wHt- 

his  wyf,  and  faraelie  being   on   sleip,  knawing  of  na  ewill,  maist  cruellie  be"th^e' dCTk^s 

invadit  and  persewit  Thomas  Schand,  his  sone,  with  swordis,  gunnis,  and  '"  'he  duik 

vtheris  vapinis  invasiue,  in  persuite  of  his  lyf,  cheissit  him  sark  alane  and  "'^ '  *"  '•^""'' 
naikit,  fra  the  said  hous  to  the  Kirktoun  off  Kynneduart,  and  had  nocht 
faillit  to  have  slane  and  bereft  him  of  his  lyf,  vnles  he  had  bene  reskewit 

and  resauit  be   Williame   Innes  in   Kinneduart.     In   taikin   of  this  your  Convict  for 

oppressioune,  the  gunne  and  vther  vapinis,  quhilk  ye  tint  and  left  behind  opp^ssioun. 
yow  in  the  fray,  ar  yet  to  be  fund  and  producit,  as  Williame  Innes  and 


124  THE    SPALDING   CLUB    MISCELLANY.  [1594. 

the  rest  of  his  hous  and  famelie,  as  lykvayis  the  haill  prochineris  of  Kin- 
neduart,  can  beir  record,  quhilk  oppressioun  forsaid,  committit  in  maner 
tbrsaid,  thow  can  nocht  denye. 

Item,  Thow  art  indytit  and  accusit  on  thy  lyf,  accumpaneit  with  thy 
brother  and  complices,  for  the  breking  vp  of  ane  kist  pertening  to  James 
Schand,  in  Balormye,  and  taking  furth  therof  of  gold,  siluer,  vretingis, 
and  vther  geir,  and  cruellie  hurt  James  Schand  in  the  held  with  ane 
quhinger,  lyk  as  ye,  for  verificatioun  herof,  confessit  the  samin  in  maner  of 
wanting,  and  declarit  the  samin  to  the  persone  of  Duffus  on  the  morne 
efter  the  committing  of  the  deid  forsaid,  quhilk  ye  can  nocht  deny. 

Item,  Ye  ar  indytit  and  accusit  on  your  lyif  for  the  thifteous  steling  of 
tua  horse  pertening  to  your  minister  and  maister,  being  fedand  on  his  awin 
ground,  and  being  persewit  and  deprehendit  of  him  self  in  the  meintyme, 
ye  thretnet  and  boistit  your  said  maister  and  minister  with  ane  quhinger, 
quhilk  quhinger  vas  also  tane  fra  yow,  and  ye  immediatlie  crawit  the  same 
agane,  and  said  in  caice  ye  gat  it  nocht  agane,  ye  suld  ather  haue  your 
maisteris  lyf,  or  the  best  geir  in  his  hous,  befor  ye  slepit  that  same  nycht. 
As  it  cam  to  pas,  ye,  in  your  maist  thifteous  maner,  come  to  his  hous  and 
maner  place  of  Balormye,  to  the  accomplischment  of  your  proraeis,  and 
brak  the  northsyd  of  his  chalmer  in  the  thak,  and  thair  tuik  vp  ane  coffer 
throw  the  said  brokin  place,  quhairin  vas  gold,  siluer,  euidentis,  and  wreittis, 
and  vther  geir,  to  the  valour  of  sex  hundrethe  pundis  money  or  thairby 
at  the  leist.  In  verificatioun  quharof,  ye  transportit  the  said  coffer  throw 
the  yaird,  and  thair  brak  vp  the  end  thairof,  quhair  also  ye  left  your  knyfe 
at  the  lok  of  the  coffer,  quhilk  knyfe  Williame  Innes  cognoscit  and  avowit 
in  your  awin  presens  to  be  youris ;  lykas,  ye  confessit  the  samin  knyfe  sum- 
tyme  to  be  youris.  And  for  forder  verificatione,  your  wyfe  and  servandis 
grantis  that  ye  said  that  nycht  ye  vald  pas  and  vise  the  comes  of  Salterhill, 
and  passit  nocht  to  your  bed  at  your  wountit  sassone ;  and  efter  supper 
ye  said  to  Williame  Innes  of  Kynneduart,  ye  vald  nocht  sleip  quhill  ye 
had  ane  mendis  of  your  maister  or  your  quhinger  agane ;  and  on  the 
morne,  being  accusit  in  presens  of  Johne  Innes  of  Leuchoris,  and  haill 
prochineris  of  Kinneduart,  ye  said  it  was  nocht  his  gold  nor  siluer  ye 
socht,  bot  his  lyff,  and  said  ye  vald  mak  him  na  vther  purgatioun.  And, 
forder,  ye  confessit  drinkand  in  the  Muirtoune,  to  Richert  Vysman,  that 
ye  ret^ardit  nocht,  albeit  your  maister  knew  ye  had  tane  his  gold,  quhat 
culd  he  do  to  yow,  the  varst  was  bot  the  warst.     Lykvayis  ye  said   to 


1,594.]  KEGALITY     OF     SPYNIE.  125 

James  Tarres,  your  maister  was  in  the  vrang  to  alledge  that  thair  vas  sua 
raekle  as  fyue  hundreth  merkes  of  the  haill  siluer  and  gold  that  was  tane 
away,  seing  thair  vas  hot  fourtene  auld  roise  nobillis,  and  thre  or  four 
paces  less  of  gold,  and  about  tuentie  four  pundis  money  tane  away.  As 
alsua,  ye  grantit  to  Florie  Parker,  that  the  licht  of  the  fyre  quhilk  cum 
furth  of  the  chimlay  gaif  scho  cleir  licht  that  ony  body  micht  haue  sene 
thame  quhen  thay  brak  the  hous.  As  alsua,  ye  said  to  John  Russell  and 
James  Wysman,  in  Kynneduart,  being  drinkand,  that  your  maister  vald 
nocht  lat  yow  alone  vnto  sic  tyme  as  he  gat  ane  mischiefe  out  of  your 
handis,  as  he  that  seikand  the  same. 

And  lykvayis  passand  betuix  Kinneduart  and  Kinloss,  ye  schew  to 
Maister  James  Dundass  and  Thomas  Dundass,  ane  greit  soume  of  gold, 
quhilk  culd  nocht  be  your  awin,  ye  being  ane  puir  man,  haiffing  onlie  ane 
croft  of  land  of  fy ve  shillings  schawing,  and  vsing  na  vther  honest  traid  to  won 
your  living ;  spendis,  weistis,  and  consumes  in  drinking  ryatuslie,  mair  nor 
ony  in  the  toune  of  Kinneduart ;  as  alsua,  in  Elgin,  for  drink,  ye  spendit 
thre  roise  nobillis  in  thre  days,  as  it  is  notoriouslie  knawin  be  them  quha  vas 
in  your  cumpanye,  quhik  ye  can  nocht  denye. 

Item,  Ye  ar  indytit  and  accusit  for  the  filthie  adulterie  committit  with 
Katherene  Gardin,  spous  to  James  Wysman,  younger,  in  Kinneduart,  lyk 
as  ye  war  deprehendit  be  the  said  James,  hir  husband,  at  midnycht,  in  your 
awin  hous,  and  scho  tane  away  frome  yow  be  force,  and  was  dung  thairfor 
be  hir  awin  husband,  for  quhilk  ye  war  deletit  to  the  ministeris  and  eldaris. 

Quhilk  crymes  aboue  written  the  persones   pannellit,   as  said  is,  denyit, 
and  referrit  the  tryell  of  thair  innocencie  to  God,  and  ane  condign  assise. 
Nomina  assisae. 

Lauchlane  Grant  of  Elches.  Robert  Vatsone  of  Cunyeis  Bog. 

James  Grant  of  Eister  Elches.  Andrew  Vatsone  in  Pettinset. 

Alexander  Cuming  in  Middeltoun.      Johne  Cokburn  in  the  CoUedge. 

Williame  Farquharsone  of  Kelles.       Androw  Cokburne  thair. 

Alexander  Dunbar  of  Inchbrok.  Williame  Innes  in  Kinnedour. 

James  Vysman,  elder.  James  Crommy  in  Spyne. 

John  Robertsone.  Thomas  Hepburne. 

John  Vinchister.  John  Lesle  of  Dandaleyth. 

John  Russell  in  Newtown.  Richert  Wysman. 

Robert  Neil  in  Bishopmil.  James  Man  in  Muirtoun. 

And  Johne  Simsone  in  Ardewat. 


126  THE    SPALDING   CLUB    MISCELLANY.  [1594. 

Quhilk  assise  being  solerapnatlie,  sworne,  and  admittit,  passand  furthe  of 
judgment,  and  being  veill  and  ryplie  aduysit  with  the  dittae  aboue  written, 
and  euerie  poynt  of  the  samyne,  haiffing  God  and  guid  conscience  befor  thair 
eis,  and  returnand  agane  in  judgment  be  the  raouthe  of  Androw  Cokburne, 
in  the  CoUedge,  chanceller  of  the  assise,  aboue  wrettin,  are  fund  acquyte 
(except  the  oppressioun  aboue  specifeit,  committit  be  James  Stewart,  for 
quhilk  the  judge  punischit  him  als  veill  in  his  body  as  in  his  guidis).  Quhar- 
vpone  the  sadis  persones  pannellit  requerit  act  and  instrumentis,  and  desyrit 
rolmentis  of  Court  to  be  extendit  to  thame  in  forme  of  testimoniale.  Quhilk 
the  judge  admittit,  and  ordanit  to  be  done  in  forme,  as  efferis.  Quharvpone 
they  lykvayis  tuik  act. 

The  Court  of  the   Lordschip  and   Regalitie  of  Spyne,   haldin  within  the 

Chepdour  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorable  man, 

Johnne  Innes  of  Leuchoris,  baize,   principale  thairof,  the  third  day  of 

Januar,  1594,  the  suittis  calUt,  the  Court  lauchtfullie  fensit  and  affermit, 

as  vse  is. 

The  said  day,   comperit  personale    Williame   Gibsone  of  Shirefmylne, 

cautioun  of   colerathe,  set  be  Johnne  Innes  of  Leuchouris  to  ane  noble 

and  potent  lord,   Lodovik  Duck  of  Lennox,  Lord  Obeny  and   Mephane, 

leutennent  for    the    tyme  for   administratioune   of   justice    vpone    Henrie 

Vinchister   in    Scotfauld  ;    Williame   Hasbane   thair  ;    Johnne   Geddes  ; 

Androw  Stronocht  thair  ;  Michaell    Fyndlae  in  Ernhill,  as  he  quha   had 

repledgit  the  saidis  perscnes  for  the  said  noble  lord  to  thair  awin  jurisdic- 

tioun,  conforme   to  the  act  maid  thairanent  in  the  buikis  of   Adiornale, 

comperit  the  said  William,  as  he  lykuayis  quha  becom  cautioner  to  the  said 

Johnne  for  entrie  of  the  persones  forsaidis  to   this  day,  and  enterit  thame 

in  pannell  (except  John  Geddes  quha  vas  deidlie  seik),   and  protestit  that, 

be  thair  entrie,  he  and  the  bailzie  lykvayis  suld  be  frie  of  the  contentis  of 

the  act  forsaid,  contenit  in   the  buikis  of  Adiornale,  befor  mentionat,  and 

thairvpone  tuik  actis  and  instrumentis. 

Intrantes  in  Pannell. 
Henrie  Vinchister  in  Scotfauld. 
Williame  Hasbene,  thair. 
Androw  Stronocht,  thair. 
Michaell  Fyndlae  in  Ernhill. 
Ye,  and  ilk  ane  of  yow,  ar  indytit  and  accusit   on  your  lyffis  of  trans- 


1594.] 


REGALITY    OF    SPYNIE. 


127 


porting,  careing,  and  away  taking,  in  boite  be  sea,  of  George,  sumtyme 
Erie  of  Huntlie,  and  certane  his  freindis  declarit  traitouris,  and  vnnaturale 
subiectis  to  his  maiestie,  quhilis  ye  can  nocht  denye. 

Item,  For  intercommoning  withe  ane  grit  compane  of  his  freindis,  being 
his  maiesties  rebellis,  quhilii  ye  can  nocht  lykvayis  deny.  To  the  quhilk 
the  persones  pannellit  answerit,  that  thai  durst  nocht  deny  to  transport  him 
and  his  companie  quhair  thai  plesit,  in  respect  his  power  vas  greter  nor 
thairis  to  resist  him,  and  thairby  confessit  the  dittae  forsaid,  and  referrit 
them,  and  ilkane  of  them,  in  the  judges  vill  for  the  samin.  Quharvpone 
dome  vas  giffin. 


The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  within  the 
Chepdour  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorable  man, 
John  Innes  of  Leuchouris,  bailze,  principale  thairof,  the  tuentie  day  of 
Januar,  1594,  the  suittis  callit,  the  Court  lauchtfullie  fensit  and  affermit, 


as  vse  IS. 


Johnn  Simsone  in  Middiltoun,  thow  art  indytit  and  accusit  on  thy  lyf, 
for  the  taking  of  Alexander  Maill  with  ane  fang,  by  an  commissioun.  To  wit, 
thow  apprehendit  him  with  ane  greit  number  of  elnis  of  lynning  clayth, 
hardin  clayth,  ane  plaid,  with  certane  sarkis  neckis,  and  schone,  and  efter 
thow  had  apprehendit  him,  took  ane  pairt  of  that  geir  frome  him,  and  leit  him 
away,  and  presentit  him  nocht  to  justice,  (juhilk  thow  can  nocht  deny. 

Johnne  Hayis,  thow  art  indytit  and  accusit  for  the  thifteous  steling  of  tua 
oxin  furthe  of  Pettindreiche,  quhilk  thow  can  not  deny. 

Item,  For  the  steling  of  an  ox  frome  John  Robortsone,  accumpaneit 
with  Thomas  and  Andrew  Mertenes,  in  Innerawin,  quhilk  thow  can  nocht 
deny. 

Item,  For  the  thifteous  steling  of  ane  quyek  frome  the  Lady  Kelles, 
quhilk  thow  can  nocht  deny. 

Item,  For  the  thifteous  steling  of  ten  quarteris  Inglis  clayth  from  the 
Lady  Balnadallocht. 

Item,  For  the  thifteous  steling  frome  John  Murdocht  of  allewin  held  of 
scheip  at  Michaelmes  in  fourscore  threttene  yeris. 

Item,  for  ane  commoun  theife,  etc.  [  ]  Convict  and  ordaiiit 

to  be  hangit  to  the  deid,  quhairvpone  dome  was  giffin. 

Johne  Duncane,  thow  art  indytit  and  accusit  for  the  cuming  to  Thomas 
Mannis  yaird,  in   Birney,   in  the  yeir  of  God  j"-  v*^-  fourscore  threttene 


Ketiiisit  to 
hyA  assyse 
herfor,  bot 
come  in  the 
judges  vill. 


CVinvic't. 


Hangit. 
Convict. 


128  THE    SPALDING   CLUB    MISCELLANY.  [1595. 

yeris,  and  thifteouslie  steling  furth  therof  of  ane  greit  number  of  vnthrassin 
cornes,  quhilk  var  apprehendit,  with  the  quhilk  thow  can  nocht  deny. 

Convict.  Item,  For  ane  commoun  stelar  of  scheip,  and  beand  cumand  furth   of 

Dolles  sen  Halowmes,  thow  staw  ane  scheip  frome  Marioun  Gregour, 
quhairwith  thow  was  challencit  be  James  Henrie  and  George  Muresone, 
in  Grene,  quhilk  thow  can  nocht  deny. 

Convict.  Item,   For  ane  comoun  stelar  of  scheip  furth  of  the  haill  cuntrey  about 

ye,  and  being  apprehendit  be  the  ehamberland  of  Spyne,  vas  put  in  fer- 
mance,  quhill  thow  suld  haue  bene  tryit,  and  ferand  thy  self,  thow  come 
ower  the  vail  of  Spyne  vpone  ane  cord,  quhilk  thow  can  nocht  denye. 

Hangit.  Item,  For  ane  commoun  theife,  reset  of  thift,  outfang  and  infang,  and 

outputter  of  leill  menis  geir  in  thifteous  maner,  for  quhilkis  crymes  the 
assyse  vndervrettin  fand  him  giltye,  and  thairfor  convict  and  ordanit  to  be 
hangit  to  the  deid,  quhairvpone  dome  was  gifSn. 

[14  Feb.  1594.]  That  day  it  is  statute  and  ordanit  be  the  bailzie,  with 
aduyse  and  speciale  consent  of  Androw  Smyth  in  Birney,  that  in  caice 
Andrew  Martene  in  Knokandoche  be  fund  in  the  said  Androw  Smythis 
hous,  or  the  said  Androw  fund  or  sene  in  his  cumpany  fra  this  day,  in  that 
caice  the  said  Androw  is  content,  in  caice  he  aduerteise  nocht  his  nych- 
bouris  that  the  said  Androw  is  with  him,  to  the  effect  thai  may  apprehend 
him,  in  that  caice  he  is  content  to  be  hangit  to  the  deid,  quhairvpone  the 
judge  tuik  act. 

[19  July,  1594.]  That  day,  the  judge  being  rypUe  aduysit  with  the 
actioune  of  spuilze  persewit  be  the  baroune  of  Kincardin,  contrane  John 
M'Alester,  in  Dell  of  Rothemurkus,  and  haiffing  tane  to  pronunce  decreit 
thairin,  the  first  of  July  lastly  past,  continewit  the  samin  to  this  day  ;  and 
haiffing  considderit  the  alledgeances  proponit  for  ather  partie,  hot  speciallie 
the  alledgeances  proponit  be  the  said  John  M'Alester  and  William  Gibsone, 
his  procuratour,  quha  confessit  the  intromissioune  with  the  broune  horse  ly- 
bellit,  and  that  he  tuik  him  away  ordourlie  and  nocht  spulyed,  hot  be  his 
maisters  lawis,  by  vertew  of  the  act  of  Athell,  boynd  for  ane  better  horse 
spuilzeit  be  the  said  persewar  frome  the  said  defender,  quhilk  act  being  re- 
ferrit  to  the  said  defendaris  probatioun,  and  diuerse  termes  assignit  be  him 
to  that  effect,  and  the  samin  circumducit,  and  nather  the  said  act  of  Athell 
bynd  producit,  nor  na  diligence  done  thairanent,  as  vas  cleirlie  knawin  to 
the  judge,  and  the  said  William  Gibsone,  procuratour  forsaid  present,  and 
opponand  nathing  in  the  contrare.      In  respect  quhairof,  the  judge  being 


1595.J 


REGALITY    OF    SPYME. 


129 


ryplie  aduysit  with  the  lybell,  and  deductioun  of  the  parties  forsaid,  de- 
cernis  the  said  John  M'James  M'Alester  to  haue  vranguslie  intromettit  and 
detenit  the  broune  horse  lybellit,  and  thairfor  to  content  and  pay  to  the  said 
complainer  the  soume  of  threttene  schellingis  four  penneis  money  daylie,  and 
ilk  day  sen  the  day  of  the  said  spoliatioun  to  the  day  of  this  decreit,  and 
ordanes  preceptis  to  be  direct  hervpone  in  forme  as  efferis,  quharvpone  John 
Annand,  procuratour  for  the  persewar,  requerit  act. 


The  Court  of  the  Lordschip  and  Regalitie  off  Spyne,  haldin  within  the 
Jewle  Hous  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorabill 
man,  John  Innes  of  Leuchoris,  bailzie,  principale  thairof,  the  thrid  day 
of  September,  1595,  the  suittis  calHt,  the  Court  lauchfulUe  fensit  and 
affermit,  as  vse  is. 

Intrantes  in  pannell. 

Alexander  Duncane,  in  Pettinseit,  and  Christiane  Phemister,  your 
spous,  ye  ar  indytit  and  accusit,  on  your  lyfis,  for  the  thifteous  steling, 
detening,  and  withhalding  frome  John  Mawer,  portioner  of  Vrquhart,  of 
ane  gray  hornit  ox,  stowin  be  yow  vpone  the  thrid  day  of  October  last 
bypast,  in  the  yeir  of  God  j™-  V^-  fourscore  fourtene  yeris,  quhilk  ye  can 
nocht  deny. 

Item,  For  the  thifteous  steling  of  ane  yew  from  John  Fyndla,  at  Hallow- 
mes  last,  quhilk  ye  can  nocht  deny. 

Item,  For  the  thifteous  steling,  conseling,  and  away  taking  of  ane  ox 
from  Alexander  Mawer  in  Vrquhart,  in  the  yeir  of  God  j"-  v<^-  fourscore 
tuelf  yeris. 

Item,  Ye  ar  indytit  and  accusit,  on  your  lyfis,  for  the  thifteous  steling 
and  consaling  of  tua  scheip,  stowin  from  Alexander  Logy  at  Spey,  and 
Robert  Hosak,  vpone  the  xx  day  of  August  last  bypast  or  thairby,  and  the 
officiar  being  commandit  to  daker  your  hous  thairfor,  thy  wyf  reife  the 
officiaris  handis  and  claithis,  and  vald  nocht  lat  him  daker  the  suspect  places 
of  the  hous.  Nocht  the  les,  with  greit  difficultie,  he  fand  within  your  hous 
the  ischae  of  ane  scheip,  eirdit  within  the  fyi"e  harthe,  togidder  with  four 
quhyt  scheipis  feit,  and  four  blak  scheipis  feit,  vpone  the  veschell  buird,  to- 
gidder with  ane  quarter  muttoune  vnder  the  almarie,  and  hen  dirt  and  erthe 
scrapit  on  it. 

As  alsua,  thow,  the  said  Christiane,  ran  away  with  sum  soddin  muttoun 
in  thy  bosom,  quhilk  thy  nychtbouris  saw. 


Acquytis. 


Acqiiytis. 
Acquytis. 

Drownit. 

Convictis 
man  and  wyf 
for  the  tua 
scheip,  and 
convoying 
away  of  ane 
burding  of 
geir  at  that 
same  tyme  to 
Lochnaboo. 


130 


THE    SPALDING   CLUB    MISCELLANY. 


[1595. 


Convictis  tlu' 
vyf  herfor,  in 
respect  thai 
baytli  being 
vardit  in 
Spyne.theman 
fand  fatilt  witli 
the  wyf  herfor, 
hot  acquytis 
the  man. 
Convict  for  re- 
settarisofthift. 


Item,  The  officiar  forsaid  fand  behind  ane  bemer  of  ane  veschell  buird 
ane  quarter  of  the  said  scheip. 

As  alsua,  fand  in  your  hous,  sethand  in  ane  pote,  tua  scheipis  leuaris,  tua 
hartis,  with  luingis  and  hchtingis,  and  all  the  remanent  intrallis  of  the  saidis 
tua  scheip,  and  had  apprehendit  the  talloun  of  thame  vnles  your  guid 
brother  had  run  away  with  it ;  lyk  as,  gif  the  ofEciar  forsaid  had  bene  suf- 
ferit  to  dakerit  the  rest  of  your  hous,  he  had  fund  the  skinnis  of  the  scheip, 
quhilk  ye  can  nocht  denye. 

Item,  Ye  ar  indytit  for  the  thifteous  steling  and  consaling  of  ane  canves 
of  sex  elnis  lenthe,  stowin  be  yow  frome  Alexander  Grant,  burges  of  Elgin, 
vpone  Sanct  James  day,  in  foure  score  tuelf  yeris,  quhilk  ye  can  nocht  deny ; 
in  takin  quhairof  ye  redeliuerit  the  samen  agane  to  the  said  Alexander. 

Item,  Ye  ar  indytit  for  comraoun  notorious  theiffis  and  resettaris  of 
thift,  outfang  and  infang  thewis,  quhilk  ye  can  nocht  deny.  Quhilk  dittae 
being  red,  the  persones  pannellit,  be  thame  selffis  and  thair  procuratour, 
Williame  Gibsone,  denyit,  and  offerit  thame  to  the  tryell  of  ane  condigne 
assyse,  quhais  names  foUowis  : 

Nomina  assisae. 


Patrik  Sandris  in  Langbryd. 
Barald  Innes  in  Hatoune. 
James  Chalmer  in  Cokstoime. 
Alexander  Sandersone  in  Conlache. 
Robert  Innes  in  Kirkhill. 


John  Innes  in  Cottis. 
Robert  Vatsone  in  Pettinseir. 
Alexander  Hay  of  FoyneiFeild. 
Dauid  Stronocht  in  Pettinseir. 
Alexander  Duncane  in  Threpland 

James  Ogilwye,  burges  of  Elgin. 
Williame  Dunbrek  of  Tortane. 
Alexander  Innes  in  Sklentok. 
Alexander  Layng  in  Fauldis. 
Michaell  Andersone  in  Wodsyd. 
James  Chalmer  in  Glenlattroche. 
Thomas  Adame  in  Garmoche. 
Quhilk  assyse,  admittit  and  sworne,  passit  furth  of  judgment,  and  being 
ryplie  aduysit  with  the  dittae  forsaid,  haiifand  God  and  guid  conscience  be- 
fore thame,  be  Alexander  Hay  of  Foyneffeild,  chanceller  of  the  saidis  assyse, 
pronuncis  the  saidis  parteis  giltye  of  the  crymes  aboue  vrettin,  and  to  haue 
meriteit  deithe  for  the  samin.     The  judge  ordanis  thame  to  be  tane  to 
Lossye,  and  thair  to  be  drownit  quhill  thai  be  deid,  quhairvpone  dome  vas 
g-iffin. 


lo9(3.]  REGALITY    OF    SPYNIE.  131 

The  said  day,  James  Robertsone  in  the  Klrktoune  of  Dippill,  being  var- 
nit  to  compeir  this  day  to  vnderly  the  law  for  the  slauchter  of  [  ] 

at  the  boite  of  Spey,  ofttymes  callit  and  nocht  compearand,  was  ordanit  to 
be  denuncit  rebell,  quhairvpone  dome  vas  giifin. 

That  day,  Alexander  Gaderar  become  actit  to  tak  bot  tuelf  penneis  for 
the  pynt  of  aill  fra  Sonday  last,  the  auchtene  of  this  instant,  vnder  the  pane 
of  ten  pundis,  quhill  ane  new  ordour  be  tane  thairanent. 

The  said  day,  anent  the  summondis  reasit  at  the  instance  of  Alexander 
Annand,  procuratour  fischale  to  my  Lord  of  Spyne,  summonding  all  and 
sindrie  persones  be  oppin  proclamatioune  at  the  mercate  croces  of  Name, 
Elgin,  and  Forres,  to  compeir  this  day  to  gif  in  dittay,  contrare  Arthure 
M'Geleis,  now  in  pannell,  gif  thai  ony  had.  The  said  summondis  being 
callit,  and  na  persone  nor  partie  comperand  in  the  contrare,  the  judge 
ordanes  the  said  Arthure  to  enter  his  persone  in  ward  within  the  place  off" 
Spyne,  thair  to  remaine  vpone  his  awin  experssis,  quhill  he  set  cautioune  of 
new  to  compeir  in  ane  fensit  Court  of  the  said  Regalitie,  to  be  answerable 
vpone  lauchtfull  fyftene  dayis  as  law  will ;  for  obedience  of  the  quhilk  ordi- 
nance, ane  honorable  man,  Williame  Ross  of  Killraakis,  obleissing  him,  his 
airis,  executouris,  assignayis,  and  intromettouries,  with  his  guidis,  geir, 
rentis,  landis,  and  leuing,  quhatsumeuir  is  becum  actit  to  enter  the  said 
Arthur  in  maner  forsaid,  vpon  fyftene  dayis  varning,  under  the  pane  of  fyue 
hundreth  pundis.  And  the  said  Arthure  is  becom  oblessit  for  his  releif, 
quhairvpone  the  saidis  parteis  requerit  act. 

The   Court  of  the   Lordschip  and  Regalitie  of  Spyne,  haldin   within  the 

Jewale  Hous  of  the   Cathedrale  Kirk  of  Murraye,   be  ane  honorable 

man,  John  Innes  of  Leuchoris,  bailyie  principale  thairof,  the  nyntene 

day   of  Januar,   1596  yeris,    the  suittis  callit,  the  Court    lauchtfuUie 

fensit  and  affermit,  as  vse  is. 

Alexander  Stewart,  present  in  panuell,  thow  art  indytit  and  accusit  on 

thy  lyf,  for  the  cruell  slauchter  of  vmquhile  James  Andersone,   sumtyme  in 

Dranye,  committit  and  done  be  the  in  the  moneth  of  May,  in  the  yeir  of 

God  j""-  V-  fourscore  ellewin  yeris  or   thairby,   for  quhilk   slauchter  thow 

being  chargit,  to  haue  set  souertie  at  ane  certane  day  bypast,  to  haue  vn- 

derlayn  the  law  for  the  fact  forsaid,  thow  vas  fugitiue  and  passit  to  the  horn, 

at  the  proces  quhairof  thow  yet  remaines  vnrelaxit,  and  thairby  tuik  the 

deid  vpone  the,  quhilk  thow  can  nocht  deny.     Fatetur  ad  assisam. 


132  THE    SPALDING    CLUB    MISCELLANY.  [1596. 

Nomina  assisae. 
Robert  Sutherland,  burges  of  Elgin.       Gilbert  Geddes. 
William  Young,  burges  thair.  James  Stronocht. 

John  Gibsone,  burges  thair.  Alex.  Sutherland,  burges  of  Elgin. 

John  Robertson  in  Kinneduart.  John  Cokburn,  in  the  CoUedge. 

Thomas  Alwes  thair.  Walter  Auldcorne. 

Johnne  Annand  of  Murrestoun. 

Androw  Watsone  in  Pettinseir. 

Thomas  Petrie  in  Ogstoune. 

Walter  Russell  in  Kinneduart. 

John  Russell  thair. 

Alexander  Mitchell  in  Balormye. 

James  Wysman,  elder. 

Alexander  Russell  in  Kinneduart. 

Androw  Elshenour  in  Aikinheid. 
Quhilk  assyse  passand  furth  of  judgment,  and  being  suorne  and  admittit, 
and  being  veill  and  ryplie  aduysit  with  the  dittaye  forsaid,  and  returnand  in 
judgment,  haiffing  God  and  guid  conscience  before  thair  eis,  in  respect  of 
the  horning  aboue  specifeit,  producit  in  judgment  with  his  maiesties  com- 
missioune  following  thairvpone,  for  taking,  serching,  seiking,  and  appre- 
hending of  the  said  Alexander,  as  lykvayis  in  respect  of  the  said  Alexanderis 
awin  confessioun,  be  the  mouthe  of  Johnne  Annand  of  Murrestoune,  chan- 
ciller  of  the  said  assyse,  pronuncis  the  said  x\lexander  giltye  of  the  fact  for- 
Heidit.  said,  and  thairfor  convicts  him.     The  judge,  in  respect  forsaidis,  ordanis  the 

said  Alexander  to  be  taikin  to  the  water  syd  of  Lossye,  and  thair  his  held  to 
be  strickin  frome  him,  quharvpone  dome  vas  giffin. 

The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  vpon  the  Water 
Syd  of  Lossie,  be  John  Lines  of  Leucheris,  bailye  of  the  said  RegaHtie, 
the  tuentie  of  Januar,  1596  yeires,  the  suittis  callit,  the  Court  lauch- 
fullie  fensit  and  atfermit,  as  vse  is. 

Intrantes  in  pannell. 
Williame  Cwe  in  Middiltoun. 
Helen  Apie,  his  spous. 
John  Alshenour. 
Acquj'tis.  Williame  Cwe  in  Middiltoune,  and  Helen  Ape,  thy  spouse,  ye  ar  indytit 

and  accusit  on  your  lyiis,  for  the  thifteous  steling  and  away  taking  frome 


1596.] 


REGALITY    OF    SPYNIE. 


133 


Alexander  Cuming  in  Middiltoune,  of  tlire  scheip,  stowin  be  yow  frome 
him  at  diuerse  tymes,  quliilii  Margaret  Kellie,  thy  seruand,  confessit  to 
Williame  Farquhar,  and  John  Cwe,  thy  fathers  brother,  and  the  said 
Alexander,  dakerand  thy  hous,  fand  ane  quarter  of  the  said  scheip  with  yow, 
for  quhilk  ye  ofFerit  him  compositioun,  quhilk  ye  can  nocht  deny. 

Item,  For  the  thifteous  steling  of  tuentic  geise  from  the  said  Alexander,    Acquytis. 
quhilk  geise  the  said  Margaret  Kellie  challengit  in  thy  possessioune,  and 
thow  confessit  to  her  thow  had  tane  bot  six  thairof,  quharof  thou  redeliuerit 
twa. 

Item,  For  the  thifteous  steling  of  ane  yew  frome  Thomas  Cwe,  in  Mid-  Acquytis. 
diltoune,  in  the  moneth  of  September  last,  quhilk  scheip  the  said  Thomas 
followit  to  thy  cote,  and,  becaus  scho  vald  nocht  sinder  frome  thy  scheip, 
he  left  hir  that  nycht,  and  the  morne  thairefter,  the  said  Thomas  cumand 
to  seik  his  said  scheip  in  the  cote,  culd  nocht  find  the  samin.  Negarunt  ad 
assisam. 

Johnne  Alshenour,  thow  art  indytit  and  accusit  on  thy  lyf  for  the  thifte-    Convict, 
ous  steling  of  ane  pan,  ane  belt,  ane  quhinger,  ane  saifgard,  ane  pair  of 
slewis,  tua  pair  schankis,  ane  pair  schone,  three  or  four  apronis,  with  lint  and 
hempt,  stowin  by  the  frome  James  Junkene  in  Mekle  Innerlochte. 

Item,  For  ane  cabok  of  talche  of  ane  stane  vecht. 

Item,  For  the  thifteous  steling,  breking,  and  away  taking  frome  John    Convict. 
Stewart,  seruitour  to  George  Ogilwye  of  Auchen,  of  ane  kist,  and  taking 
furth  thairof  of  ane  plaid,   and  pistolat,   and  mekle  vther  geir,  for  quhilk 
thow  was  fugitiue,  quhilk  thow  can  nocht  deny. 

Item,  Being  indytit  of  befor  in  presens  of  the   shirref  of  Murray  and    Convict, 
his  deputtis  for  certane  pointis  of  thift,  thow  being  giltie,  vas  adiudgit  and 
convict  be  ane  assyse,  and  the  schiref  causit  the  be  scurgit,  quhilk  thow 
can  nocht  denye. 

Item,  For  ane  commoune  theif  and  vagabound,  nocht  haifBng  thir  duierse    Drownit. 
yeris  bygane  ane  maister,   nor  na  traid  of  lyf  to  win  thy  lewing  bot  be 
stowthe,  quhilk  thow  can  nocht  deny. 

Denyit  the  haUl  pointis  of  dittae,  and  ofFerit  him  to  the  tryell  of  ane 
assyse. 

Nomina  assisae  vpone  William  Cwe,  Helene  Ape,  and  John  Ashenour. 
James  Chalmer  in  Glenlattroche.        Androw  Smyth  in  Birney. 
John  Scote  in  Blairnahale.  James  Mar,  elder,  thair. 

Williame  Farquhar  in  Eistertoun.       Alexander  Sandesone  in  Conlache. 


134  THE    SPALDING    CLUB    MISCELLANY.  [1596. 

Androw  Donaldsone  in  Gedloche.       Thomas  Grant  in  Letoche. 
Thomas  Cwe.  John  Findlae  in  Kelles. 

James  Man,  younger. 

John  Rob  in  Reidlone. 

Thomas  James  in  the  Colledge. 

Gilbert  Adame  in  Quhytfield. 

George  Dik  in  Birnay. 

Alexander  Cuming  in  Middiltoun. 

Alexander  Annand,  apperand  of  Murrestoun. 
Quhilk  assyse  being  sworne  and  admittit,  passand  furth  of  judgment,  and 
being  veill  and  ryplie  aduysit  with  the  dittay  forsaid,  and  euerie  point 
thairof,  and  returnand  agane  in  judgement,  haiffing  God  and  guid  eon- 
science  before  thair  eeis,  and  returnand  agane  in  judgment,  be  the  mouthe 
of  Alexander  Annand,  chanciller  of  the  said  assyse,  pronuncis  the  saidis 
William  Cwe  and  Helena  Ape,  his  spous,  acquyte  of  the  dittae  forsaid, 
and  euerie  point  thairof,  and  convictis  the  said  John  Aschenour.  The 
judge  thairfor  ordanis  the  said  John  to  be  taken  to  the  water  of  Lossye, 
and  thair  to  be  drownit  quhill  he  be  deid,  quharvpoue  dome  vas  gifEn. 

The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,   haldin  within   the 

Jewale  Hous  of  the  Cathedrale   Kirk  of  Murraye,  be  ane  honorabill 

man,   John  Innes  of  Leuchoris,  bailze  principale  thairof,  the  fyft  day 

of  Februar,   1596,   the  suittis  callit,   the  court  lauchtfullie  fensit  and 

aifermit,  as  vse  is. 

That  day,  Alexander  Annand,  procuratour  for  ane  noble  lord,  Alexander 

Lord  of  Spyne,  desyrit  William  Farquharsone  of  Kelles  to  be  compellit  to 

mak  compt  and  rakning  to  my  lord  and  his  chalmerlardis,  of  four  kiddis,  four 

geise,  four  dosin  poultrie,  and  four  bollis  custome  aittis,  yeirlie  addettit  be 

the  said  William,  and  payit  to  the  said  noble  lord  furth   of  his  landis  of 

Kelles,  and  restand  vnpayit  this  sewin  yeris  immediathe  preceding,   com- 

perit  the  said  William,  and  offerit  compt,  rakning,   and  payment,  and  the 

bailzie  has  assignit  to  him  to  that  effect,  the  tent  of  this  instant,  within  the 

Chantouris  Hous  in  Elgin. 

The  Held  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  within 
the  Jewale  Hous  of  the  Cathedrale  Kirk  of  Murraye,  be  an  honorable 
man,  John  Innes  of  Leuchouris,  bailye  principale  thairof,  the  nynt  day 


1597.] 


REGALITY    OF    SPYNIE. 


135 


of    Apryle,  j"-   v<^-  fourscore  sewinteine  yeiris,   the  suittis  callit,  the 
Court  lauchtfullie  fensit  and  affermit,  as  vse  is. 


Absentes. 

Erie  of  Huntlie. 

My  Lord  Lowet. 

M'Intosche. 

Rothemurkus. 

James  Grant  of  Eister  Elches. 

James  Grant  of  Vaster  Elches. 

Pethnik. 

George  Ogilwye  of  Aucharne. 

John  Ogilwye  of  Miltoun. 

Sir  John  Gordoune  of  Petlurge. 

Dauid  Ross  of  Holme. 

Duncane  M'Gilleis  of  Auchmony. 

John  Stewart  of  Kincardin. 

WiUiam  Eraser  of  Foyer. 

Robert  Innes  of  that  Ilk. 

Robert  Lesle  of  Finrase. 

Patrick  Dunbar  of  Kilboyak. 

John  Annand  of  Murrestoun. 

William  Gibsone  of  Schirefmylne. 

William  Farquharsone  of  Kelles. 

Thomas  Cuming  of  Altyre. 

Ernissyd. 

Patrick  Dunbar  of  Dyk. 

Thomas  Caldour  and  his  spous,  William 
M'Imdowyeand  Elzabeth  M'Quen,  all 
amerciat  for  not  giffin  suite  and  pre- 
sence to  this  Held  Court,  and  ordanit 
ilk  ane  to  pay  fourte  pundis  thairfor, 
quhairvpone  dome  vas  giffin. 


The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  within  the 
Jewale  Hous  of  the  Cathedrale  Kirk  of  Murray,  be  an  honorable 
man,  John  Innes  of  Leuchouris,  bailye  principale  thairof,  the  secund 


Nonentrie. 

Ballewat. 

Drumrioche. 

Enrory. 

Cawodowr. 

Adnoky. 

Bugget. 

Fluies  Moir. 

Birkinburne  and 
Auchindeithe. 

Kirktoun  of  Dippill. 

Kirkhill  of  Sanct  Androus. 

Kirktoun. 

Dawey. 

Salterhill. 

The  haill  landis  pertening 
to  the  Laird  of  Grant, 
haldin  of  my  Lord  of 
Sypne. 

The  landis  of  Kilravokis,  all 
in  the  superiouris  handis, 
for  none  entrie  of  the 
rychteous  air,  quharvpone 
dome  vas  lykvayis  giffin. 


136  THE    SPALDING   CLUB    MISCELLANY.  [1597. 

day  of  September,  1597  yeris,  the  suittis  callit,  the  Court  lauchtfullie 
fensit  and  afFermit,  as  vse  is. 

The  said  day,  WilHam  Muterar  in  Kinneduart,  being  accusit  for  the  cum- 
ing  to  John  Nicoles  house,  the  said  John  Nicole  being  in  his  bed,  and  thair 
maist  vnnaturale  and  vngodle  struik  the  said  Johne  in  the  left  oxstair  with  ane 
knyfe,  to  the  eiFusioune  of  his  bluid  in  greit  quantite,  and  efter  the  straikin 
of  him,  reft  and  away  tuik  frome  him  ane  gray  plaid,  pryce  fywe  merkis,  com- 
mitting thairby  manifest  oppressioune  and  hame  suckin,  quharbe  the  said 
Nicole  is  abdl  to  lose  his  lyfe,  comperit  the  said  William  Muterar,  and  con- 
fessit  the  bluid  drawing,  for  quhilk  he  come  in  the  judges  will,  as  lykwayis 
confessit  the  haiffing  of  the  plaid,  quharvpone  the  persewar  requerit  act. 

That  day,  the  judge  fering  the  said  Johnne  Nicole  to  die  of  the  straik 
forsaid,  the  samin  being  in  ane  very  perrellous  place,  ordanis  the  said  Wil- 
liame  Muterar  to  remaine  in  ward,  ay  and  quhiU  he  set  suflScient  and  respon- 
sale  cautioneris,  actit  in  thir  buikis,  that  he  sail  compeir  befor  me,  and  my 
deputtis,  in  ane  fensit  court,  to  be  haldin  within  this  place,  vpone  fourtie 
aucht  houris  varning,  in  caice  the  hurt  man  die  of  the  straik,  and  that  vnder 
the  pane  of  fyve  hundreth  pundis,  quha  for  his  releif  of  ward,  and  obedience 
of  the  charge  set  and  fund,  James  Vysman,  younger,  in  Kinneduart,  cau- 
tioner for  him  in  manner  forsaid ;  quhilk  James  Wysman  obleissing  him, 
his  airis,  executouris,  and  assignayis,  and  intromettoris,  with  his  guidis,  geir, 
rentis,  landis,  and  lewing  quhatsumewir,  is  becum  obleissit  for  the  said  Wil- 
liam, his  entrie  in  maner  forsaid,  vnder  the  said  pane  of  fywe  hundreth 
pundis  ;  and  the  said  Williame  Muterar,  oblessing  him,  his  airis,  and  as- 
signayis, is  becum  actit  to  releif  the  said  James  Wysman  of  his  cautionerie 
forsaid,  and  of  all  perrell,  danger,  and  inconvenient  that  thairvpone  may  re- 
sult, quharvpone  the  saidis  parteis  requerit  act. 

The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,   haldin  within  the 
Jewale  Hous  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorabill 
man,  John  Innes  of  Leuchouris,  bailye  principale  thairof,  the  tuentie 
sewint  day  of  Januar,  the  yeir  of  God  j"-  v"-  fourscore  sewintene  yeris, 
the  suittis  callit,  the  Court  lauchtfullie  fensit  and  affermit,  as  vse  is. 
Intrantes  in  pannell. 
WUliame  Roy. 
Thow  art  indyttit  and  accusit,  on  thy  lyf,  for  the  cuming  to  Dandaleyth, 
in  the  yeir  of  God  j""-  v<='  threscoir  nyne  yeiris  or  thairby,  to  Margret  Hayis 


1597.]  REGALITY    OF    SPYNIE.  137 

hous,  and  thair  thow  and  thy  complices  thifteousle  stae  fra  the  said  Margret 
sex  firlottis  meill,  ane  pair  scheittes,  ane  pair  of  plaiddis,  ana  sek,  fyve  elnis 
of  lynning,  tuelf  hespis  of  yairne,  with  ane  quarter  of  lint,  ane  poite,  ane  cruik, 
and  for  the  cruell  binding  of  the  said  Margret  with  hir  belt  and  hedles,  and 
leiffing  hir  bund,  quhilk  poite  thairefter  was  apjjrehendit  with  the. 

Item,  Thow  art  indytit  and  accusit,  on  thy  lyf,  for  the  thifteous  steling, 
detening,  and  withhalding  of  tua  scheip,  furth  of  Daltullie,  fi-ome  Williame 
M'Gillemithel,  for  the  quhilk  thy  hous  vas  dakerit  be  John  M'Kair,  offi- 
ciar  to  vmquhile  James  Grant  of  Elches,  and  findand  the  hous  woid,  was 
passit  fra  the  samin,  and  luiking  bak  agane,  the  forsaid  oflSciar  persawit 
ane  corbie  pluk  furth  woll  out  of  the  top  of  thy  hous,  the  saidis  tua  scheip 
saltit  in  ane  troche,  in  the  rigging  of  thy  house,  vpon  the  quhilk  deid 
the  officiar  tuik  vp  thy  geir,  and  thocht  to  have  presentit  the  to  ane  court, 
and  this  thow  did  in  the  yeir  of  God  j™-  v'-  and  fourscore  yeris,  quhilk 
thow  can  nocht  deny. 

Thridlie,  Thow  art  accusit  and  indytit  for  art  and  part  and  ressait  of  the 
half  of  ane  broune  cw,  fra  Donald  Ross  and  Williame  Gordoune,  than  in 
Aberlour,  quhilk  cw,  with  vtheris  sex  heidis,  was  stowin  fra  ane  seruand  of 
the  Laird  of  Findlatouris,  furth  of  ane  towne  in  Descort,  be  the  said  Donald 
Ross,  and  being  quykle  followit  be  the  guidman  of  Allanboy,  and  the  bar- 
roune  of  the  Boit  of  Spey,  at  his  instance,  the  sex  held  war  fund  in  the  lyne 
of  Ruddery,  with  Arthure  Mule,  and  tane  hame  agane  be  the  guidman  of 
Allanboy,  and  this  thow  did  in  the  yeir  of  God  Ixxxi  yeiris,  quhilk  thow 
can  nocht  deny. 

Item,  For  the  thifteous  steling,  concealing,  and  detening  of  an  ox,  quhilk 
thow  stae  fra  the  guidman  of  Auchmadeis  seruandis,  in  fourscor  twa  yeris, 
quha  var  calland  guidis  to  Ross,  quhilk  ox  vas  thairefter  fund  in  thy  barne, 
and  tane  furth  be  the  barroun  of  the  Boit  of  Fiddiche,  quhilk  thou  can  nocht 
deny. 

Fyftlie,  Thow  art  indytit  and  accusit  for  the  thifteous  steling  of  tua  rani- 
mis  and  thre  vodderis,  fra  William  Stewart  in  Aberlour,  in  the  yeir  of  God 
fourscore  thre  yeiris,  quhilkis  being  fund  with  the  quhen  thow  was  chal- 
lencit  thairfor  be  the  said  William,  thow  componit  with  him  for  the  same, 
to  the  effect  he  suld  conceale  thy  thift,  quhilk  thow  can  nocht  deny. 

Saxtle,  Thow  art  indytit  and  accusit  for  art  and  part  of  the  thifteous 
steling  of  sewin  horse  furth  of  the  landis  of  Daginsche  and  Garbatie,  in 
fourscore  sewin  yeris,  stowin  frome  Williame  Rob  and  James  Duncane,  and 
thairefter  transportit  be  the  to  Glenchairnyche. 


138 


THE    SPALDING   CLUB    MISCELLANY. 


[1597. 


Convict. 


Hangit. 


Convict. 


Seiointle,  Thow  art  accusit  and  indytit  for  art  and  part  and  ressait  of 
the  thifteous  steling  of  ane  broune  meir,  stowin  furth  of  Stratherne,  fra 
M'Allane  Rioche,  quhilk  meir  vas  fund  in  thy  possessicune,  and  deliuerit 
hame  agane  be  the  in  presens  of  Archinbald  Grant  in  Balnatome,  quhilk 
thow  did  in  fourscoir  fourtene  yeris. 

Auchtle,  Thow  art  indytit  and  accusit  for  art  and  part  of  the  steling  of 
thre  horse  furth  of  Badyenocht,  in  fourscore  fyvetene  yeris,  frome  Lauch- 
lane  M'WiUiame  M'Intosche,  quhilk  was  fund  with  the  in  Elches,  the 
guidman  thairof  being  fra  hame  ;  and,  becaus  the  guidvyf  vas  with  the 
angrie,  thow  causit  ti-ansport  thame  furth  of  his  boundis  to  the  Kenmoir 
to  the  eldest  sone,  quhilk  thow  can  nocht  deny. 

NyntUe,  Thow  art  accusit  and  indytit  on  thy  lyf  for  art,  part,  red,  and 
counsall  of  the  thifteous  steling,  concealing  and  awaytaking,  and  with- 
halding,  in  fourscore  saxtene  yeris,  of  ane  dornik  towell,  tuelf  dornik  ser- 
viattis,  four  lynning  towellis,  fyue  quarter  breid,  with  aucht  vnce  of  silk 
pasmentis,  fine  vnce  of  blak  stiking  silk,  ane  coit,  ane  sark,  ane  barkit  hyd, 
furth  of  Lauchlane  Grantis  hous,  in  Elches,  thy  dochter  Christiane  Roy, 
being  kepand  the  hous,  and  offerit  compositioune  and  theiffis  buit,  to  wit, 
ane  hundreth  pundis  thairfor,  quhilk  thow  can  nocht  deny. 

Item,  Thow  art  indytit  and  accusit  for  the  ressait  of  an  quhyt  hornit 
thre  yeir  auld  scheip,  fra  Patrik  M'Ky,  than  schipperd  to  the  guidman  of 
Carroun,  in  fourscore  sewintene  yeris. 

Border,  Thow  art  accusit  and  indytit  for  art,  part,  red,  counsale,  and  res- 
sait of  the  soume  of  tua  hundreth  pundis  money,  with  fourscor  tua  cheis, 
and  three  bollis  meill,  stowin  furth  of  Lauchlane  Grantis  house,  in  the 
moneth  of  September  last,  be  John  Roy,  thy  sone,  for  the  quhilk  gen-  thow 
offerit  compositioune  to  the  said  Lauchlane,  as  is  notourlie  knawin  be  Valter 
Arderis  in  AUoquhy,  Patrick  M'Robert  thair,  and  John  Cruikschank  in 
Daltulle,  quhilk  thow  can  nocht  deny. 

Finale,  Thow  art  indytit  and  accusit  for  ane  commoune  theife,  art,  part, 
counsale,  and  ressait  of  thift,  outfang  and  infang  theife,  quhilk  thow  can 
nocht  deny. 

The  said  William  being  in  pannell,  constitute  Alexander  and  George 
Annandis  and  Johne  Grant  in  Foynes,  his  procuratouris,  to  defend  for  him, 
and  Lauchlane  Grant  haiffing  set  cautioune  to  persew  the  said  William,  hes 
informit  William  Gibsone,  procuratour  fiscale,  to  persew. 

Comperit  the  defender,  being  persewit  be  the  dittae  aboue  vrettin,  and 
be  himself  and  his  procuratouris,  alledgis  that  the  dittae  giffin  in,  be  and  at 


1597.]  REGALITY    OF    SPYNIE.  139 

the  instance  of  Margret  Hay,  can  nawayis  be  comptit  ane  dittae  aganes  the 
partie,  and  that  in  respect  scho  is  nocht  present  to  gif  hir  aith,  quhilk  is  re- 
qnesit  of  the  law,  in  respect  of  the  act  of  Parliament,  that  all  persones 
gewaris  vp  of  dittae,  are  ordanit  to  sueir  vpone  it.  Secundlie,  It  is  an  actioune 
of  personale  deid,  alledgit  done  be  ane  persone  to  ane  vther,  quhilk  requiris 
the  personale  presens  of  the  persewar,  in  respect  thair  is  nocht  ane  fang 
presentit,  nather  is  the  alledgit  fact  resent. 

Thridlie,  Thair  is  nocht  ane  speciale  taikin  quharbe  the  defendar  may 
be  reput  or  haldin  as  ane  doar  of  the  alledgit  fact  forsaid,  and  sua  that  dittae 
is  nawayis  competent  to  accuise  the  partie,  nather  suld  pass  to  ane  assyse, 
quharvpone  desyris  interloquitor. 

Anssueris  the  persewar  befor  interloquitor,  that  the  dittae  is  sufficient 
aneuche  to  quarrell  ane  malefactour,  and  ane  poite  apprehendit  with  him 
in  taikin  of  the  treuth  of  the  dittaye. 

To  the  second  poynt  of  dittaye,  it  is  answerit,  that  it  can  nocht  be 
comptit  as  ane  dittay,  in  respect  thair  is  nocht  ane  speciall  persone  contenit 
in  dittay,  and  quhair  the  alledgit  dittae  is  alledgit  to  be  serwit  be  ane  offi- 
ciar,  we  desyre  the  officiar  to  be  present  to  afferme  the  samin,  or  ane  execu- 
tioune  of  the  officiare  quhair  he  vsit  his  serwing.  The  persewaris  findis  the 
same  nocht  worthe  of  ane  answer,  bot  referris  the  same  to  the  assyse. 

Anssueris  to  the  thrid  and  remanent  poyntis  aboue  vrettin,  vt  supra. 

The  judge  be  interloquitor,  ordanis  the  defendar  to  answer  to  the  dittay 
nerjatiue  or  affirmatiue.     Negat  ad  assisam, 

Nomina  assisae. 
Thomas  Vricht  in  Comrak.  Thomas  Schand  in  Rothes. 

Petre  Farquhar  in  Fischartoun.  Augustine  Baxter  in  Blakhill. 

Peter  Farquhar  in  Keldulle.  Allane  Ramsay  in  Maynes  of  Rothes. 

John  Stewart  in  Eskinbow.  John  Ego  thair. 

Alexander  Dene,  miller  at  Rothes.     William  Chalmer  in  Rothes. 
John  Gordoune  of  Curredowne. 
Thomas  Hay,  merchant. 
Robert  Innes  in  Kirkhill. 
Andrew  Murray. 
Alexander  Innes,  saidler. 

Quhilk  assyse  abovevrettin  being  adraittit,  and  sworne,  and  passand  furth 
of  judgment,  and  being  veill  and  ryplie  aduysit  with  the  dittaye  forsaid, 
and  eurie  poynt  thairof,  and  returnand  agane  in  judgment,  be  the  mouthe  of 
Johnne  Gordoune  of  Curredowne,  chancellor  of  the  said  assyse,  pronuncis 


140  THE    SPALDING   CLUB    MISCELLANY.  [1597. 

the  said    William    Roy   giltie    of  the  gretest  part  of    the    dittay  aboue- 
vrettin,  and  thairfor  to  haue  mereteit  deithe. 
Hangit.  The  judge  thairfor  ordanis  the  said  William  Roy  to  be  had  to  the  gal- 

lons beyond  the  Bischopmiln,  and  thair  to  be  hangit  quhill  he  be  deid, 
quharvpone  dome  vas  giffin. 

The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  within  the 
Jewale  Hous  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorabill 
man,  Johnne  Innes  of  Leuchouris,  bailye  principale  thairof,  the  xxiiij 
day  of  Februar,  1597,  the  suittis  callit,  the  Court  lauchtfullie  fensit 
and  aft'ermit,  as  vse  is. 
That  day,  anent  the  petitioune  giffin  in  be  Valter  Strautquhyne,  eldest 
lauchfull  sone  and  apperand  air  to  vmquhile  Robert  Straquhyne,  his  father, 
induellar  in  the  College,  to  the  persones  of  inquest  efter  mentionat,  saying 
vnto  thair  wisdomes  that  the  said  vmquhile  Robert  deit  last  vestit,  and 
seasit  as  of  fie,  at  our  souerane  lord  the  kingis  grace,  fayth  and  peax,  in  all 
and  haill  the  mansioune,  yaird,  and  croft  of  the  samin,  lyand  within  the  said 
colledge,  and  amangis  the  Channoune  Croftis  of  the  said  Cathedrale  Kirk, 
callit  the  mansioune  and  croft  of  the  personage  of  Spyne,  lyand  wpone  the 
southsyd  of  the  said  colledge,  betuix  the  mansiones  of  Duffus  and  Vnthank 
rcspectiue  at  the  eist,  and  the  mansioune  of  the  personage  of  Advey  and 
Cromdale  at  the  wast,  extendand  fra  his  maiesties  hie  gait  of  the  said  col- 
ledge at  the  northe,  to  the  stane  wall  that  circuattis  the  said  colledge  at  the 
south,  and  the  said  croft  lyand  amangis  the  said  Channoune  Croftis,  betuix 
the  croft  of  the  Thesaurie  of  Murraye  at  the  eist,  and  the  croft  of  the 
Chancellarie  of  Murraye  at  the  vast,  extending  fra  the  landis  of  Pannis  at 
the  north,  to  the  landis  of  James  Douglas,  sumtyme  provest  of  Elgin,  at 
the  south,  and  within  the  schirrefdome  of  Elgin  and  Forres  ;  and  that  he  is 
narrest  and  lauchfull  air  to  his  said  umquhile  father  of  the  said  mansioune, 
croft,  and  yaird,  with  thair  pertinentis,  and  that  he  is  of  lauchfull  aige  ;  and 
that  the  said  mansioune,  croft,  and  yaird  ar  now  worthe  the  soume  of 
twentie  sex  schillingis  aucht  penneis  vsuale  money,  and  war  worthe,  the  tyme 
of  peace,  the  samen  soume,  and  that  the  samen  ar  haldin  of  his  maiestie 
and  his  successouris,  kingis  and  queenis  of  Scotland,  in  few  and  heretage, 
be  vertew  of  the  Act  of  Annexatioune,  annexing  the  temporale  landis  of  pre- 
lattis  and  channounis  to  the  patrimony  of  his  hienes  crowne :  Desyring 
heirfor  to  be  seruit  in  the  said  mansioune,  croft,  and  yaird  (reservand  the 
lyfrent  therof  to  Issobell  Innes,  my  mother),  and  retourit  vnder  your  seillis 


1597.]  REGALITY    OF    SPYNIE.  141 

and  seill  of  office,  conforme  to  the  vse.  And,  ex  aduerso,  coraperit  Wil- 
liame  Gibsone,  for  staying  of  the  seruice,  and  alledgit  him  to  haue  ane 
speciale  interesse  to  the  landis  acclamit,  and  that  in  respect  of  ane  assig- 
natioune  alledgit  maid  to  him  be  the  rycht  honorabiU  Alexander  Innes  of 
Crommy,  to  ane  letter  of  reuersioune  maid  to  the  said  vmquhile  Alexander, 
his  airis  and  assignayis,  be  William  Hardy,  hurges  of  Elgin,  to  quhom  the 
saidis  landis  var  annaleit,  quhilk  assignatioune  forsaid  is  intimat  to  the  said 
William  Hardy,  tempestiue,  and  conforme  to  the  said  assignatioune  varnit 
the  said  WiUiame  Hardy,  and  all  pairteis  haiffand  interesse,  to  compeir  the 
[  ]  day  of  [  ],  being  Vitsondayis  ewin  last,  this  instant  yeir 

of  God  j"-  v"=-  fourscore  sewintene  yeris,  within  the  parroche  kirk  of  Elgin, 
thair  to  resaue  the  sowme  of  sax  scoir  pundis  money,  as  the  sowme  contenit 
in  the  said  reuersioun,  for  redemptioun  of  the  saidis  landis  ;  and  nane  com- 
perand  to  resaue  the  same,  consignit  the  said  sowme  in  the  handis  of  Alex- 
ander Boynd,  ane  of  the  bailyeis  of  Elgin  for  the  tyme.  In  respect  quhair- 
of,  protestis  quhatsumeuir  salbe  done  in  this  seruice  salbe  nawayis  prejudi- 
ciale  to  the  said  Williame  his  rycht. 

Comperit  Issobel  Innes,  lyvrentar  of  the  saidis  landis,  and  Robert  Su- 
therland, hir  spous,  for  his  interesse,  and  Waiter  Straquhyne,  sone  and 
apperand  air  to  the  said  Robert,  and  protestis  that  the  assignatioune  forsaid, 
alledgit  be  William  Gibsone,  nor  nathing  following  thairvpone,  salbe  preiu- 
diciale  to  thair  lyvrent  rycht,  nather  to  the  said  Walteris  richt  as  air  to  his 
said  vmquhile  father,  in  respect  the  same  vas  newer  intimat  to  thame  and 
the  said  William  in  the  contrare.  And  siclyk,  the  said  Issobell  Innes  and 
Robert  Sutherland,  hir  spous,  protestit  that  quhat  suld  be  done  in  this 
seruice  suld  navayis  be  preiudiciale  to  hir  lyvrent  richt  of  the  saidis  landis, 
and  thairvpone  tuik  act. 

Nomina  inquisitionis. 

Johnne  Annand  of  Murrestoun.  Robert  Innes. 

William  Innes,  eldar.  John  Innes,  eldar. 

William  Innes,  younger.  James  Caldour. 

Johne  Gibsone,  burges.  James  Young. 

James  Petrie.  George  Vanis. 

Alexander  Grant. 
Johnne  Lesle. 
Robert  Sutherland. 
Johnne  Bonyman. 
Johnne  Gordoune  of  Curredowne. 


142  THE    SPALDING    CLUB    MISCELLANY.  [1599- 

Quhair  na  persone  nor  partie  compeirit  to  oppone  contrar  the  breife, 
petitioune,  executioune,  indorsatioun,  and  persones  of  inquest  (except  befor 
opponit),  the  persewar  tuik  act,  and  siclyk  the  judge  protestit  for  himself 
and  in  name  of  the  haill  assyse. 

Quhilk  inquest  being  electit,  admittit,  and  sworne,  and  passand  furth  of 
judgment,  and  being  veill  and  ryplie  aduysit  with  the  petitioune  forsaid, 
euerie  point  thairof,  and  with  the  proces  producit  for  instructioune  of  the 
samin,  and  returnand  agane  in  judgment  be  the  mouthe  of  Johnne  Gor- 
doune  in  Curredowne,  chancehir  of  the  said  assyse,  in  name  of  the  haill 
inquest  hot  oppositioune,  seruis,  conforme  to  the  petitioune  and  proeces 
forsaidis  producit  for  instructioune  of  the  samin,  quhairvpone  the  said  per- 
sewar requerit  act. 

The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  within  the 
Jewale  Hous  of  the  Cathedrale  Kirk  of  Murraye,  be  ane  honorabill 
man,  Johnne  Innes  of  Leuchouris,  bailye  principale  thairof,  the  tuelf 
day  of  Junij,  1599  yeris,  the  suittis  callit,  the  Court  lauchfuUie  fensit 
and  affermit,  as  vse  is. 
That  day,  comperit  Thomas  Hepburne,  lyvrentar  of  Mekle  Innerlochte, 
heretable  proprietar  of  the  fyft  part  thairof,  foundit  within  the  Cheplanrie 
of  Sanct  Johnne  the  Baptist,  within  the  Colledge  of  the  Cathedrale  Kirk 
of  Murraye,  and  producit  ane  bailyie  precept,  deulie  execute  and  iudorsit 
to  this  day,  quharbe  Dauid  Jnnkene  in  Mekle  Iimerlochte,  William  Layng 
thair,  Androw  Jnnken  thair,  and  James  Smyth  thair,  pretendit  tennentis 
and  occupearis  of  the  said  fyft  part,  toun  and  landis,  with  houssis,  biggingis, 
toftis,  croftis,  partis,  pendicles,  and  pertinentis  of  the  samin,  lyand  within 
the  schirrefdome  of  Elgin  and  Forres,  var  lauchfullie  summonit  to  this  day, 
to  heir  and  se  thame  be  decernit  be  decreit  of  Court,  ordour  of  law  and 
justice,  to  haue  bene  lauchfullie  varnit  be  perse waris  preceipt  of  varning, 
fourte  dayis  befoir  the  feist  of  Vitsonday  last  bypast,  in  this  instant  yeir  of 
God  j"-  v"^-  fourscore  nyntene  yeris,  to  haue  flittit  and  reraoifit  thame  selfis, 
thair  wyfis,  barnes,  famelie,  subtennentis,  cotteris,  gudis,  and  geir  furth  and 
fra  the  saidis  landis,  with  thair  pertinentis,  lyand  as  said  is,  ilkane  of  thame 
for  thair  awin  partis,  and  to  haue  decistit  and  ceissit  fra  forder  occupatioun 
thairof  in  tyme  cuniing,  conforme  to  the  desyre  of  the  said  precept,  and  for 
instructioun  of  the  lybellit  precept  forsaid,  producit  the  persewaris  precept 
of  varning,  subscryuit  with  his  hand  fourtie  dayis  befor  the  said  feist  of 
Vitsonday  forsaid,  deulie  execute  and  indorsit,  togidder  with  his  instrument 


1599.]  REGALITY    OF    SPYNIE.  143 

of  seasing  of  the  landis  lybellit,  and  conforme  thairto,  desyrit  proces  and 
decreit. 

Ex  aduerso,  Comperit  George  Annand,  alledging  him  to  be  cheplane  and 
superiour  of  the  landis  acclamit,  and  desyrit  to  be  admittit  for  his  interesse, 
and  for  instructing  thairof,  producit  ane  decreit  of  the  lordis  vpone  ane  gift, 
of  the  dait  at  Edinburgh,  the  xxvi  of  July,  fourscore  threttene  yeris,  vnder 
the  signet  and  subscriptioune  of  Alexander  Hay,  clerk  of  registre. 

Answeris  Hepburne,  George  Annand  has  na  interesse  to  insist  in  the 
mater,  as  alledgit  superiour,  be  vertew  of  ony  richt  alledgit  grantit  to  him 
in  the  fourscore  threttene  yeir  of  God,  as  the  decreit  producit,  of  the  dait 
the  tuentie  saxt  of  July,  fourscore  threttene  yeris,  relatiue  to  ane  alledgit  gift, 
daitit  the  tent  of  August,  iu  fourscore  tuelf  yeris,  subscriut  be  Alexander 
Hay,  last  clerk  of  the  registeris,  proportis,  in  respect  of  the  Act  of  Annexa- 
tioune,  set  downe  in  the  act  of  his  hienes  allewint  parliament,  and  tuente 
nyne  chepdour  thau'of,  intitulat  The  annexationne  of  the  temporalitie  of  the 
benefices  to  the  Croun.  Be  the  quhilk  act,  all  and  quhatsumewir  landis, 
few  males,  and  dewteis  of  quhatsumewir  abbacie,  priorie,  prebendarie,  or 
cheplanrie,  quhairewer  thai  be  cituat  within  this  realme  or  dominioun  thairof, 
the  propertie  and  patrimonye  thairof  to  appertene  to  his  Croune,  sua  that 
thairby  his  Maiestie  is  only  and  vndoutit  superiour  of  the  saidis  landis  lybellit. 
In  respect  quhairof,  the  said  George  hes  na  entres  in  the  said  mater. 

Answeris  Annand,  That  he  is  superior  to  the  saidis  landis,  and  that  he 
hes  bene  in  vse  continuale  be  vptakin  of  males  and  deuteis  of  the  saidis 
landis,  preceding  the  fourscoir  auchtene  yeir  of  God,  sen  the  said 
George  entres  to  the  said  cheplanrie,  and  thairfor  aucht  to  be  hard  for  his 
interesse. 

Answeris  Hepburne,  That  the  vptaking  of  deute  is  na  superiorite. 

AUedgis  Annand,  That  in  the  said  Act  of  Annexationne,  that  sic  chep- 
lanreis  ar  reseruit  to  studendis  at  grammer  sculis. 

The  judge  hes  tane  to  gif  interloquiter  in  this  cause  the  sewint  of  July 
nixt,  the  parteis  and  procuratouris  varnit  heirto  apud  acta,  and  contenewis 
the  tennentis  entres  to  that  day,  gif  thai  ony  haue,  to  propone  the  samin. 
[Before  next  court  day,  the  pai'ties  settled  the  matter  amicably.] 

Actum  m  presentia  Bailliui,  infra  Palacium  de  Spj/ne,  quarto  Sejjtembriti, 
1599. 
That  day,  James  Crombie  in  Spyne,  obleissing  him,  his  airis,  and  assig- 


144  THE    SPALDING   CLUB   MISCELLANY.  [1599. 

nayis,  is  becum  cautioune  of  lawborrowis  for  Johnne  Robesone  in  Myrsyd, 
that  James  Stewin,  his  wyf,  barnes,  men,  tennentis,  and  seruandis,  salbe 
harmles  and  skaythles  of  the  said  John,  in  thair  bodeis,  landis,  heretagis, 
takis,  stedingis,  rowmes,  and  possessiounes,  and  nawayes  to  be  molestit  nor 
trublit  be  the  said  John,  nor  na  vtheris  of  his  causing,  command,  assistance, 
nor  ratihabitioun,  quhom  he  may  stop  or  lat,  directlie  nor  indirectle,  vther- 
vayis  nor  be  ordour  of  law  and  justice,  in  tyme  earning,  vnder  the  pane  of 
ane  hundreth  merkis.  And  the  said  Johnne  is  becum  actit  for  his  releif, 
vnder  the  pane  forsaid,  quharvpone  the  saidis  persones  requerit  act  of 
Court. 

That  day,  the  said  Johnne  Robesone  deponit  he  dred  the  said 
James  Stewin  bodelie  harme,  and  thairfore  the  judge  ordanit  him  to 
set  law  souertie,  quha,  in  respect  he  culd  nocht  find  ane  for  the  pre- 
sent, the  judge  ordanis  him  to  set  cautioune  vpone  the  saxt  of  Septem- 
ber nixt,  or  vthervayis  fra  that  furth  to  remane  in  vard  ay  and  quhill  he 
set  cautioun. 

Actum  hi  Cimiterio  burgi  de  Elgin,    sexto  Sejjtembris,   1599,   in  presentia 
balUui  pi-incipalis  Alexandri  Innis  de  Cottes  et  Jacobi  Law. 
That  day,   for   obedience  of  the   act  aboue  vrettin,   comperit   Thomas 
Moreis  in  Myrsyd,  and  obleissing  him,  his  airis,  and  assignayis,  is  becum 
actit  as  cautioner  of  lawborrowis  for  James  Stewin,  that  Johnne  Robesone 
in  Jlyrsyd,  his  men,  tennentis,  and  seruandis,  salbe  harmles  and  skaythles  in 
thair  bodeis,  landis,  heretages,  etc.,    of  the  said  James,  and  all  quhome  he 
may  stope  or  lat,  directle  or  indirectle,  vthervayis  nor  be  ordour  of  law  and 
justice,    vnder   the   pane  of   tuentie  pundis;    and  James  and   Alexander 
Stewinis  ar  becum  oblissit,  in  maner  forsaid,  for  releif  of  the  said  Thomas 
Moreis ;  and  the  said  James  Stewin  is  becum  obleissit,  obleissing  him  and 
his  forsaidis  to  warrant,  frie,  releif,   and  keip  skaythles  the  said  Alexander 
Stewin  and  his  forsaidis,  quhairvpone  the  saidis  parteis  tuik  act. 
2  August,  That  day,  the  bailye  statutes  and  ordanis  that  na  persone  that  sal  happin 

^^^^-  to  be  banischit  furth  of  the  brughe  of  Elgin,  salbe  ressauit  within  the  Col- 

ledge,  vnder  the  pane  of  fourtie  pundis. 

The  Court  of  the  Lordschip  and  Regalitie  of  Spyne,  haldin  vpon  the  Vater 
Syd  of  Lossye,  besyd  Bischopmiln,  be  ane  honorable  man,  John  Innes 
of  Leuchouris,   bailye  principale  thairof,   the  tuelf  day  of  May,  1601 


IfiOl.]  REGALITY    OF    SPYNIE.  145 

yeris,   the  suittis  callit,   the  Court  lauchfullie  fensit  and  aflPermit,  as 
vse  is. 

Intrant  in  pannell,  Williame  Chayne. 
Williame  Chayne,  thow  art  indytit  and  accusit,  on  thy  lyf,  for  the  cuming,    Fatetur. 
vnder  silence  of  nycht,  to  Andrew  Branderis  hous,  in  Langhill  of  Mestis,    Convict, 
and  thair  brak  vp  anc  kist  of  Johnne  James,  and  efter  the  breking  of  the 
said  kist,  thifteouslie  staw  and  away  tuik  threttie  schillingis  siluer,  with  ten 
quarteris  quhyt  clayth,  quhilk  thow  can  nocht  deny. 

Item,  For  the  cuming  to  James  Wyssmanis  elderis  hous,  in  Kynne-  Hangit. 
dour,  vpone  Setterday  last,  and  thair  vnder  silence  of  nycht,  at  xii  houris 
at  midnycht,  and  thair  schoite  the  said  James  hall  dure,  and  thairout 
thifteouslie  stae  tua  gray  pladdis,  tua  coittis,  tua  pair  of  brekis,  ane  pair  of 
schort  hoise,  ane  pair  of  schone,  with  tua  beltis  and  durkis,  quhilk  thow  has 
instantlie  in  thy  possessioune,  quhilk  thow  can  nocht  deny. 

Item,   For  the  thifteous  staling  furth  of  Scotfauld,  fra  James  Robertsone    Negat. 
thair,  of  ane  scheip,  for  quhilk  thow  vas  attachit  and  convict,  and  in  houp  of    Convict, 
amendament,  put  to  libertie,  and  for  satisfactioun  of  the  deid  thow  gaif  thy 
plaid. 

Item,  For  the  cuming  to  Bischopmiln,  vpone  Fryday  last,   at  midnycht,    Convict, 
and  thair  thifteouslie  stae  away  the  tua  pikis  of  the  miln,  quhilk  thow  can 
nocht  deny. 

Item,  For  the  thifteous  cuming  to  James  Cumingis  hous  in  Aberlinkvod, 
and  thifteous  steling  furth  thairof  of  tua  scheittis,  quhilk  thow  can  nocht  deny. 

Item,  For  ane  commoun  theife  and  vagabound.  Convict. 

The  dittae  aboue  vrettin  being  red,  confessit  the  samin,  and  offerit  him 
self  to  the  tryell  of  ane  assyse. 

Nomina  assisae. 
Alexander  Cuming  in  Kynnedour.        Alexander  Russell. 
Alexander  Stronocht  in  Ardewat.         Walter  Russell. 
John  Vinchister.  John  Russell  in  Newtoun. 

James  Wysman,  younger.  Thomas  Grant  in  Hilltoun. 

Richert  Vysman.  Thomas  Hepburn. 

Alexander  Alwes  in  Ardewat. 
William  Farquhar  in  Birnay. 
James  Man  thair. 
William  Man  thair. 
Alexander  Thome  in  Quhytley. 


146  THE    SPALDING   CLUB    MISCELLANY.  [1601. 

Quhilk  assyse  being  admittit  and  sworne,  and  passand  furth  of  judgment, 
Hangit.  and  being  aduysit  with  the  dittae  forsaid,  and  returnand  againe  in  judgment, 

be  the  mouthe  of  Alexander  Cumin,  chancellor  of  the  said  assyse,  convictis 
the  said  William  in  the  poyntis  of  dittay  forsaid. 

The  judge  ordanis  the  said  Williame  Chayne  to  be  had  to  the  gallons, 
and  thair  to  be  hangit  quhill  he  be  deid,  quharvpone  dome  vas  gifBn. 


EXTRACTS 


FROM   THE 


MANUSCRIPT   COLLECTIONS   OF   THE 
REV.   ROBERT  WODROW. 


M.DC.V— M.DC.XCVII. 


EXTRACTS 

FROM 

THE    MANUSCRIPT    COLLECTIONS    OF 
THE    REV.    ROBERT    WODROW. 

M.DC.V— M.DC.XCVII. 


I. 
THE  SYNODS  01-   ABERDEEN  AND  MURRAY  TO  RING  JAMES  VI. 

It  may  please  your  sacred  Majestie, 

The  gryt  necessitie  of  our  efFaires  in  general!,  and  of  the  particular 
dealing  wee  have  this  lang  time  haid  with  the  Marques  of  Huntlie,  does  ea- 
force  us  in  all  reverence  and  humbill  submission  to  acquaint  your  Majesty 
with  all  our  proceedingis  and  present  difficulteis,  quhairwith  we  ar  straitit 
and  that  be  ane  of  our  awin  number,  our  loving  brother,  Mr.  Jhone  Forbes, 
off  whome  baith  for  his  fidelitie  and  uprichtness,  and  for  his  sincere  affectioun, 
borne  to  the  advancement  of  the  kingdome  of  God,  your  Majesties  service, 
and  peace  of  the  land,  we  haiff  maid  speciall  choise,  and  have  authorisit  him 
with  our  commission  toward  your  hienes,  beseiking  your  Majestie  in  all 
humbill  and  hartlie  alFectioun  to  grant  him  your  Majesties  gratefull  accept- 
ance and  favourabill  countenance,  with  ane  indifferent  care  in  his  delyverie 
of  suche  thingis  to  your  Majestie  as  we  have  committed  to  his  credit,  trust- 
ing so  far  to  the  constant  assurance  quilk  our  hartis  does  still  brook  of  your 
Majesty s  unchangeable  stedfastness  and  continuance  in  your  hieness  godlie 
zeal  and  fordwart  affectioun,  ever  hitherto  borne,  and  at  all  tymes  clearlie 
manifestit,  to  the  maintenance  and  promoving  of  the  licht  and  libertie  of  the 
gospel!  of  Jesus  Christ,  not  onlie  in  the  mater  off  doctrine,  but  also  in  the 
ordour  of  government  and  discipline  therin  manifested,  that  gif  your  Ma- 
jestie graunt  him  audience  but  prejudice,  he  sail  giff  your  Majestie  ane  full 
contentment  of  all  proceedingis,  and  sal!  obten  at  your   Majesties  handis 


150  THE    SPALDING   CLUB    MISCELLANY.  [1605. 

ane  gratious  answer  to  all  our  humbill  and  lawfuU  desyrs,  all  tending  to  the 
glorie  of  God,  advancement  of  your  hienes  honor,  and  forder  quyeting  of 
your  Majesties  subjectis.  The  report  quhairof,  committing  to  the  sufficiencie 
of  our  Commissionar  forsaid,  in  all  reverence,  submissioun,  and  humilitie 
of  our  hartis,  we  tack  our  leave,  beseeking  God  to  graunt  to  your  Majesty 
long  and  prosperous  reigne.  From  our  Assemblie,  at  Aberdein,  thetwentie 
ane  day  of  Februar,  ane  thousand  sex  hundreth  and  fyve  yeiris. 
Your  Majesties  humbill  subjectis, 
A.  Blackburn.  P.  Blackburne. 

Chairlis  Ferm.  David  Raitt,  Moderator. 

Ad.  Burnett,  [        ].  Mr.  James  Ross. 

Mr.  Robert  Reid,  Scryb  to  the   Provinciall  Assemblie  of  Aberden. 
MuNGo  Guthrie,  Moderator  of  the  Provinciall  Assemblie  of  Murrey. 
George   Dovelas,  ane  of  the  Commissionaris  of  Murray. 
DuNDAS,  Commissionare  for  Murrey. 


THE  BISHOP  OF  MURRAY  TO  KING  JAMES  VI. 

Most  sacred  Soverane, 

May  it  please  your  most  gratious  Majesty.  The  kirk  of  Keyth  being 
vacand  sence  the  bishopp  of  Aberdein  his  transportation,  it  requyres  not 
onlye  a  learnit  man,  bot  also  a  pastor  conforme  in  all  poynts  to  your  Majes- 
ties directions,  and  actis  coneludit  in  the  last  Assemblye  at  Perth.  I 
humblye  intreat  your  Majesty,  for  your  hienes  letter  to  the  Lord  Uchiltrie, 
quha  is  patrone,  that  he  present  no  man  to  me  bot  ane  quho  will  conforme 
himself  to  these  articilis  :  another  letter  to  myself  inhibitting  me  to  admitt 
ony  persone  to  that  kirk,  or  ony  uther  within  my  diocess,  that  refuses  to 
conforme  himself  to  these  articles.  My  dyoces  is  free  yitt,  and  I  sail  be 
carefull  that  nane  cum  within  the  samin  utherwayes  disposed  then  your 
Majesty  hes  alwayes  prescryvit,  quhilk  sail  be  my  constant  care  to  your 
Majestys  service  and  obedience.      [  ]    two  letters  will  be  a  sufficient 

reassoun  to  refuise  all  utheris  contrary  myndit,  and  thus  humbly  craiffing 
your  Majestys  pardon  that  I  suld  impaisch  your  hienes  more  than  serious 


1606.]  THE    WODROW    MANUSCRIPTS.  151 

adois.  I  earnistlye  commend  your  Majesties  loyall  persone,  state,  and 
royall  posteritye,  unto  the  Lordis  perpetual!  mercye  and  favour,  for  many 
happe  yeiris  in  this  lyfe,  and  last  eternalye  in  heavene. 

Your  gratious   Majesties  most  humill  and  affectionat  subject,  and  loyal 
servitour  to  death, 

A.,   B.  of  Moraye. 


in. 

THE  SYNOD  OF  ABERDEEN   TO  KING  JAMES  VI. 

Sir, 

It  may  please  youre  most  excellent  Majesty.  Maist  humbill  subjectis 
of  the  province  of  Aberden  lamentabillie  offeris  to  your  Majesty  the  greiffis 
of  the  kirk,  and  all  good  men  in  our  boundis,  quhilkis,  except  your  Majesty 
provyde  speedie  remeid,  baith  kirk  and  commone  weill  are  licklie  to  fall  in 
ane  miserabill  confusioune  in  thir  north  pairtis  of  your  Majestys  realme. 

First,  That  Mr.  Jhone  Hamiltoune,  Mr.  James  Setone,  Luik  Gordone, 
and  utheris,  uncouth  priestis  and  jesuitis  under  them,  are  receat  and  are 
hard  saying  mass  in  Cathness,  Sudderland,  and  this  province,  be  great  men 
and  utlieris  under  them,  abusing  the  sacrament  of  baptisme  to  their  infantis, 
sparsling  Hamiltouns  blasphemous  new  book  amangst  them,  and  seducino- 
them  everie  way  that  ar  simpill. 

Secondlie,  That  the  Lairdis  of  Gicht  and  Newtone,  excommunicat  papists, 
cheiif  mantenaris  of  these  things,  are  sufferit,  and  no  ordour  tane  with  them. 

Thirdly,  That  quhen  the  ministrie  of  the  Synodis  of  Aberdem  and 
Murray  laboris  be  the  censuris  of  the  kirk  to  reduce  my  Lord  Marques  of 
Huntlie  and  Earll  of  Erroll  to  the  acknowleging  of  the  treuth  and  leaving 
of  papistrie,  they  are  continuallie  dischargit  be  your  Majestys  letteris  of 
horning. 

Fourthlie,  That  ane  great  number  of  kirkis  planted  in  this  countrey 
are  leaft  altogether  desolate,  be  the  lang  continuing  in  ward  of  their  pastoris, 
seing  the  maist  pairt  of  utheris  kirkis  are  unplantit. 

FyftUe,  Be  the  occasion,  the  maist  pairt  of  the  rest  of  the  ministrie  are 
contemnit  and  rayled  upon,  and  ther  doctrine  not  hard,  and  discipline 
mocked,  and  Jesuits  enteris  in  the  kirkis,  and  parochinis  wanting  pastoris. 


152  THE    SPALDING    CLUB    MISCELLANY.  [I6O6. 

In  commonweill,  First,  Monye  deadlie  feudis  arysin  amangst  Forbessis 
and  Irwingis,  Leslyes  and  Leythis,  quhilk  are  licklie  be  thair  pairties  to 
draw  on  the  haill  countrey  to  bloodie  factionis. 

Secondlie,  That  everie  man  that  plesis  wearis  gunis,  pistolis,  rydis  with 
jacks,  spearis,  knopsknais,  without  controlment. 

Beseiking  herfoir  your  Majesty  in  all  humilitie  and  reverence  to  caus  and 
command  the  saidis  enormities  to  be  stayit,  that  your  Majestys  good  sub- 
jectis  of  thir  pairtis  may  live  in  the  fear  and  service  of  their  God,  and  your 
Majesties  obedience,  and  so  the  glorie  of  God  and  his  trewth  being  reve- 
rencit,  your  Majesty  may  procure  the  continuance  of  his  blessing,  and  pros- 
perous regne  to  your  self,  and  peace  to  your  Majestys  good  subjectis  ;  and 
so  praying  most  earnestfullie  for  the  samen,  we  tak  our  leave  from  our 
Synod,  at  Aberdein,  the  twentie  day  of  Februar,  1606  yeares. 

Your  Majesties  humbill  servitoris,  and  daylie  oratoris, 

Mr.  Jon  Shuthauche,  Moderator  of  the  Synod. 

P.  Blackburne. 

Mr.  R.  Reid,  Scribe  to  the  Assemblye. 


IV. 

THE  EARL  OF  DUNFERMLINE  TO  KING  JAMES  VL 

Maist  sacred  Soverane, 

I  crave  your  Majestys  favour  that  it  may  be  lesome  to  me  giff  en- 
trie  to  this  letter,  with  some  report  of  the  antiquitie.  I  think  to  a  man 
that  hes  delyted  all  his  dayes  in  letters  wryting  to  the  maist  learned  and 
wyse  kyng  in  the  warld,  it  can  nocht  be  imputt  to  great  amisse,  albeit  some 
memorie  of  learning  be  intermixed  thairin.  I  red  that  Marcus  Scaurus,  a 
man  of  great  renoune  amangis  the  Romanes  fiorente  repuhlica,  being  ac- 
cused by  Quintus  Varius  of  a  verie  odious  cryme,  that  he  sould  haiff  res- 
saved  money  fra  the  King  Mithridates  for  to  betray  the  affaires  of  Rome. 
Efter  his  accusar  had  deduced  all  argumentis  and  probatiounes  he  could  de- 
vise, he  used  naa  other  defence  but  this,  Qitintus  Varius  ait,  Marcum  regio 
pecunia  corruptum,  revipuhlicam  prodere  voluisse.  Marcus  Scaurus  huic 
cnlpae  affinem  esse  negat,    utri  magis  credendum  putatis.     Whilk  defence 


1610.]  THE    AVODEOAV    MANUSCRIPTS.  153 

was  followed  with  the  acclamation  of  the  haill  peple,  condemning  the  ac- 
cusar  as  a  calumniator  and  a  lyear,  and  acknowledging  the  defendars  un- 
doubted vertew  and  honestie.  Maister  Jhone  Forbese,  a  condemned  trai- 
tour  for  his  rebellious  and  seditious  conventicles,  haldin  as  Generall  As- 
semblies, against  your  Majesties  authorite  and  command,  accuseis  your 
Majesties  Chancellar  to  haiff  geven  advise,  counsall,  or  consent  to  the  bald- 
ing of  the  said  mutinous  Assemblie.  Your  Majesties  Chancellar  sayes  it  is 
a  manifest  lye,  and  if  it  might  stand  with  his  honour,  and  dignitie  of  his 
plaice,  to  enter  in  contestation  with  sic  a  condamned  traitour,  could  cleirlie 
verifie  the  same.  Master  Jhone  Forbes,  and  all  his  colleigis,  abyddis  still 
at  the  mantenance  and  justificatioun  of  that  their  Assemblie,  as  a  godlie 
and  lawfull  proceeding.  Your  Majesties  Chancellar,  be  his  publict  letters, 
dischargit  and  contramandit  the  said  Assemblie  ;  he  hes  sensyne  condamned 
the  said  Assemblie  as  a  seditious  and  onlawfull  deid,  and  all  the  pertakers 
and  mantenars  of  the  same  as  mutinous  and  seditious  personnes.  Your 
sacred  Majesty  hes  to  judge  whilk  of  thir  twa  is  maist  worthie  of  credeit. 
Farther  I  think  not  neidfull  to  impesche  your  Majestie  in  this  mater,  hot 
some  information  I  haift"  send  to  Mr.  Alexander  Haye,  whilk  it  may  please 
your  Hienes  to  accept  and  heir  off  when  best  lasour  fra  mair  weightie  af- 
faires may  permitt  the  same.  Swa  maist  humblie  taking  my  leiff,  and  pray- 
ing the  eternal  God  lang  to  preserve  your  Majestic  in  aU  felicitie,  I  rest. 
Your  sacred  Majestys  maist  humbill  and  obedient  subject  and  servitour, 

DuNFERAIELYNE. 

Edr.  25  Maij,  1C06. 


THE  LAIRD  OF  CORSE,  AFTERWARDS  BISHOP  OF  ABERDEEN, 
TO  JAMES  VI. 

Please  your  sacred  Majesty  ;  By  that  which  your  Majestys  secretarie  hath 
imparted  to  me,  understanding  your  Majesty  to  be  offended  with  sura  of  my 
dealing,  more  for  the  defect  in  form  than  matter,  I  was  thairupon  steired 
by  thoise  to  clear  to  your  Majesty  what  I  think  the  informer  in  my  matter 
rather  hath  not  truly  knowne  than  maliciously  concealed,  so  to  recover  and 
retrieve  a  place  in  your  Majestys  good  grace,  to  whom,  next  God,  I  am 
both  beholden,  and  study  most  carefully  to  approve  my  ways. 


154  THE    SPALDING    CLUB    MISCELLANY.  [1610. 

Being  cast  in  these  parts  where  within  the  precinct  of  two  presbyteries, 
at  least  twenty  and  one  churches  at  least  lay  unplanted,  whereby  our  state 
were  little  from  heathenisme,  I  began  in  simple  and  private  manner  (neces- 
sity enforcing  it  on  my  conscience)  to  catechise  my  own  family.  There- 
after the  churchmen  of  that  province  dealing  earnestlie  with  me  to  accept  of 
some  publick  charge  in  the  ministrie  of  the  church,  which,  upon  divers  re- 
spectfull  considerations,  I  could  not  as  then  yeikl  to,  they  next  with  all  in- 
stance requested  that,  at  least  for  the  gude  of  others,  I  wold  be  content  to 
transfer  my  domestic  paines  to  ane  void  church,  now  joining  to  my  house  ; 
whairto  having  for  a  space  condescendit,  they  afterward  by  thair  commis- 
sioners from  thair  synod,  directed  to  me  for  that  effect,  yet  more  earnestly 
entreated  that  I  wold  still  hold  on  that  course  which  (as  they  judged)  had 
been  in  some  degree  fruitful!.  Now,  Sir,  as  this  made  my  voice  to  be  heard 
in  any  public  place,  so  all  my  uther  carriage  therein  (if  either  they  did  in- 
form who  know  it,  or  know  it  who  informe,)  hath  been  such,  both  in  respect 
of  the  place,  ane  obscure  corner  of  any  in  all  your  Majestys  kingdoms,  and  in 
respect  of  my  quiet  manner,  so  far  from  all  pretences,  as  I  never  opened  my 
mouth  in  any  uther  part  (albeit  oftener  than  once  cithers  seriously  intreated 
or  curiously  tempted),  and  except  ane  ordinary  lecture  on  Lords  Day,  never 
medled  with  any  part  of  that  calling  in  private  or  publick  assemblie ;  as  I 
never  imagined  the  knowledge  of  my  dealing  should  have  gone  so  far  as  I 
now  well  perceive  (I  will  not  say  the  envie),  but  the  misconstruing  thereof 
hath  passt,  and  that  (if  your  Majesty  were  not  as  ane  angell  of  God),  to 
overthrow  me  in  your  Majestys  favour,  whom  nevertheless  if  any  approved 
Christian,  let  be  your  Majesty,  had  found  themselves  justly  offended,  what 
upon  request  I  was  moved  to  do,  being  admonished,  I  was  always  ready  to 
forbear.  So  far  have  I  always  been,  and  hope  in  God  stUl  to  prove,  from 
all  bussie  and  turbulent  dealing  ;  and  yet  for  such  ane  one  am  I  content  to 
be  accounted  of  your  Majesty,  and  demeaned  accordingly,  if,  before  I  hard  it 
from  your  Majesty,  it  was  ever  signified  to  me  by  any,  that  my  doing  was  in 
any  respect  offensive.  So  remitting  all  to  your  Majestys  rare  wisdom  and 
o-racious  consideration,  I  pray  God  may  give  your  Majesty  a  long  and  pros- 
perous regne  heir,  and  eternall  glory  with  himself  hereafter. 
Your  Majestys  humble  subject, 

P.  Forbes  of  Corse. 
Edinburgh,  February  15,  1610. 


1610.]  THE    AVODROW    BTANUSCRIPTS.  155 


THE  BISHOP  OF  MURRAY  TO  KING  JAMES  VI.    REGARDING  THE 
LAIRD  OF  GICHT. 

Sir, 

Please  your  most  excellent  Majesty  ;  The  great  and  common  peace  of 
this  your  Majestys  realm,  under  your  Majestys  most  religious  and  happy 
government,  giffis  us  all  not  only  full  contentment,  but  likewise  plentifull 
occasion  to  multiply  thanksgiving  to  God  for  your  Majestys  preservation. 
Specially,  which  was  [  ]  parts  of  this  your  Hieness  kingdom  beins: 

before  not  so  fully  brought  to  such  obedience  as  now  thai  are  be  your  Hie- 
ness great  care  and  providence.  We  redouble  our  prayers  to  God  for  your 
Hieness  long  and  prosperous  state.     Your  [  ]  few  of  any  rank  hot 

are  both  peaceable  and  lovers  of  peace.  Amongst  whom  this  gentleman 
(though  not  of  the  religion),  the  Laird  of  Geycht,  hes  showin  himself  a  great 
furderar  and  favourer  of  your  Majestys  peace  in  the  bounds  of  his  dwellino- 
and  residence  ;  specially,  being  employed  be  a  letter  of  [  ]   in  vour 

Majestys  name,  to  settle  ane  present  appearance  off  ane  very  [  1  ; 

quhilk  he  did  accomplish  and  bring  to  pass  setling.  This  has  moved  me 
to  give  testimonie,  by  my  own  experience,  of  his  peaceable  inclination.  I 
houp  [  ]  your  Hieness  will  not  suspect  my  professions,   for  that  I 

am  moved  to  testify  the  [  ]  of  some  papists,  whilks  I  perceive  are 

not  universally  of  ane  corrupt  disposition.  The  gentleman  is  diseased  and 
subject  to  divers  infirmities,  whilks  he  wad  nott  get  remedied  heir,  and  wad 
humbly  craiff  your  Hieness  that  he  might  keep  his  health  in  sum  uder 
church ;  if  your  Majestie  be  so  minded  [  ]  to  be  [  ]  the 

same  be  granted  be  your  Hieness  own  royall  power,  they,  be  the  council 
of  this  your  Hieness  kingdom,  and  that  for  preventing  of  a  dangerous  pre- 
parative, which  must  be  endured  [  ]  off  his  present  estate.  And, 
howbeit  thair  is  na  grait  matter  of  sic  a  suspicion  of  his  traffiquing,  being 
hitherto  so  quietly  disposed,  yet  your  Majestys  awn  will  so  abandonn  him 
that  he  will  not  [  ]  his  Majestys  favour,  nor  abuse  your  Hieness 
benefits  for  all  his  valiant  [  ].  Thus,  most  humbly  craiffing  your 
Majestys  pardon  for  this  my  boldness,  my  humble  and  earnest  prayers  dayly 
for  your  Majestys  long,  happy,  and  maist  prosperous  state,  I  beseek  God, 


156  THE    SPALDING   CLUB    MISCELLANY.  [1610. 

the  funtaine  of  all  grace   and  blessing,   to  bless  your  Hieness  heir  and 
eternally. 

Your  Hieness  most  loving  and  afFectionat  servitur, 

Alexander,  B.  of  Murray. 
Elgine,  the  20  day  off  Feberwar,  1610. 


VII. 
THE  ARCHBISHOP  OF  ST.   ANDREW'S  TO  KING  JAMES  VI. 

Most  gracious  Soverane, 

May  it  please  your  most  excellent  Majesty,  Whereas  relation  hath  been 
made  to  rae  be  the  Bishope  of  Murraye,  that  one  Mr.  Johne  Straitone,  minis- 
ter at  Forress,  hes  spoken  very  contumeliously  against  the  Assembly  of  Glas- 
gow  and  Episcopall  jurisdiction,  publicly  in  excercise,  in  the  bishops  own 
audience,  I  have  caused  cite  him  before  your  heich  commission.  The  day  of 
his  compearance  was  Thursday  the  14th  of  this  instant,  at  which  time,  after 
trial,  we  have  fund  him  wordie  of  punishment,  and  therefore  have  silenced 
him,  and  committed  to  waird  in  your  Majestys  castell  of  Inverness,  till  your 
Majestys  further  pleasure  be  knawne.  In  this  matter  I  had  the  advice  and 
concurrence  of  my  Lord  President,  who  accompanies  me  in  your  Majestyes 
service  very  lovingly  and  forwardly.  This  Fridday,  the  fyfteen  of  this 
instant,  the  consecration  of  the  Bishop  of  Murray  was  solemnised  very 
honorably,  and  countenanced  be  the  said  Lord  President,  and  many  other 
Lordis  of  Secret  Council,  whom  he  drew  together  for  authorising  that 
solemnity.  Before  this  order  came  it  was  odious,  bet  in  the  usages  therof 
all  the  hearers  thought  it  tollerable,  and  now  the  beholders  and  auditory 
are  moved  to  praise  and  extoll  it  as  a  wise,  holy,  and  grave  pollicy.  This 
next  Tuesday  holds  my  Diocesiane  Synod  besouth  Forthe ;  and  upon  the 
2d  of  Aprill,  the  Synod  benorth  the  same,  from  which  I  go  to  proceed 
in  my  visitation  where  I  left,  which  was  in  the  Carse  besyde  Perth ;  for 
the  removed  pairts  in  the  north,  I  have  dispatched  them  this  last  summer, 
with  very  guid  effect,  I  praise  God.  Our  other  affairs  I  refer  to  the  suffi- 
ciency of  my  Lords  of  Glasgow  and  Orkneye,  the  establishing  of  whose 
bishoprick  (it  being   one  of  my  provinces),  I  humbly  recommend  to  your 


1(516.J  THE    WODROW    MANUSCRIPTS.  157 

^Majestys  royall  cair  and  consideratioun.  Thus  I  beseek  God  to  bless  your 
Majestys  royall  personiie  and  government,  with  the  increase  of  grace,  pros- 
perity, and  honour  for  ever. 

I  maist  humbly  and  earnestly  beseik  your  Majesty  to  give  thanks  to  the 
honest  and  kind  Secretarie,  for  his  greit  love  and  kindness  to  me  and  all  my 
bretheren  the  Bishops. 

Your  Majestys  humble  subject  and  servant, 

Saint  Androis. 
St.  Andrews,  16  Martij,  1611. 


LORD  BINNING  TO   KING  JAMES  VI. 

Most  Sacred  Soverane, 

What  was  proceided  in  the  national  counsall,  kept  be  your  Majesties 
permissioun  the  last  oulk  in  this  towne,  wes  signified  by  my  letters  of  the 
18th.  No  mater  of  moment  then  resting  to  be  concluded  bot  the  Marqueis 
of  Huntleis  absolution,  who,  cumming  to  this  toune  upon  Tysday  at  night, 
as  wes  appoynted  yesterday,  the  two  Archibischoppis,  the  Bischop  of 
Brechin,  your  Majesties  Thesaurar  Depute,  the  Laird  of  Cors,  and  I,  went 
to  the  Marqueis  his  ludging,  and,  efter  two  or  thrie  houres  conference, 
agried  upon  the  maner  of  his  absolution,  and  melting  in  the  afternoone  in 
publict  assemblie,  that  matter  being  proponed  and  modestlie  reasoned  be 
some  of  the  precisest  sort,  the  Archibishop  of  Sant  Androis  replyed  so 
wyselie,  and  made  so  tymlie  use  of  some  clauses  of  your  Majesties  letter 
from  Nottinghame,  which  be  gude  fortune  came  to  his  handes  that  same  day, 
that  in  end  the  absolution  wes  concluded,  and  the  Marqueis  compeirand 
and  granting  his  by-past  offence,  promeising  constant  perseverance  in  the 
true  religion,  which  he  thair  acknowledged  and  subscryved  publiclie,  the 
articles  thairof  exhibited  to  him  in  presence  of  all  the  Assemblie,  he  was 
absolved,  to  the  esceiding  great  joy  of  all  that  were  present.  This  is  one 
of  the  workis  of  your  Majesties  most  excellent  wisdome,  whairfra  all  men 
expect  gude  helpis  to  the  peace  of  the  estate  and  churche  of  this  kingdome. 


158  THE    SPALDING    CLUB    MlSCELLxVNY.  [I6I6. 

All  your  Majesties  uther  directions  being  most  just,  reasonable,  and  profit- 
able for  the  cuntre,  wer  allowed  with  such  humilitie,  hairtinesse,  thankis- 
giving,  and  prayer  to  God  for  your  Majesties  preservation  and  long  and 
happie  raigne,  as  your  Majesties  care  of  the  universall  good  of  the  king- 
dome  does  obleiss  all  falthfull  subjectis  sincerely  to  wishe.  Many  have 
approven  thameselves  duetifull  in  tliis  service,  but  I  owe  particular  testimony 
to  the  Erie  of  Montrois  his  aflfectioun,  and  to  his  grave  and  honorable  be- 
haviour, and  to  the  Archibishop  of  Saut  Androis  his  modestie,  patience, 
wisdome,  and  travellis,  whairby  he  so  conteaned  the  whole  number  within 
the  boundis  of  dutie  and  obedience,  as  did  greatlie  facilitat  the  good  suc- 
cesse  of  the  business.  So  wysching  the  lyke  in  all  your  Majesties  inten- 
tionis  and  directionis,  and  that  God  may  be  gratiously  pleased  long  to 
blisse  us  with  the  continuance  of  your  wysse,  just,  and  gratious  raigne, 
I  rest, 

Your  most  Sacred  Majesties  most  humblie,  faithfull,  and  bund  servajid, 
(Sic  subscribitur, )  Binning. 

Aberdeen,  22  Aug. 


P.  BLACKBURN,  BISHOP  OF  ABERDEEN,  TO  KING  JAMES  VI. 

Most  gratious  Soverane, 

It  may  please  your  most  exceUent  Majestic,  Upon  the  hard  informa- 
tion which  your  Majestic  received  anent  my  cariage  in  the  effeiris  of  the 
church  and  your  Majesties  service,  it  pleased  your  Majestic  to  direct  the 
counsale  to  call  me  to  my  compt,  which  I,  with  verie  gude  will,  with  all 
humilitie,  gave  to  my  Lordis  Chancellor  and  President,  with  the  gryttest 
number  of  the  Bishops,  heir  assembled  ;  to  whome,  I  hope,  I  have  gevin 
such  satisfactioun  as  will  liberate  me  from  any  wilfull  offence  ;  and  if  I  have 
not,  beand  now  of  good  eage  and  infirm,  uttered  sick  forwardness  as  the 
present  service  requyres,  I  mynd,  by  the  grace  of  God,  to  be  careful 
to  please  your  Majestic,  and  serve  in  this  calling  with  als  goode  hart 
and  affectioun  as  any  of  my  equalis,  according  to  the  mesure  of 
grace  and  habilitie  God  hes  bestowed  upon  me.     And  as  at  this  present 


1618.]  THE    WODROW    MANUSCRIPTS.  159 

•Parliament  I  have  not  been  deficient  in  any  goode  service,  sua  your  Ma- 
jestie  may  expect  of  me  that,  in  all  services  competent  to  my  place,  I  will 
refuse  no  burding  that  my  mene  habihtie  is  habill  to  accomplish.  Thus, 
the  God  everlasting  bless  your  Majestye  in  person,  estait,  and  government 
for  evir,  and  sail  remane. 

Your  Majestys  most  humble  servand  and  affectioned  orator, 

Petir,  Bishop  of  Abirdein. 


LORD  BINNING  TO  JAMES  VI. 

Most  Sacred  Soverane, 

At  oure  cumming  to  this  towne,  finding  that  the  most  precise  and 
wilful  Puritans  were  chosen  commissionaris  be  manie  of  the  Presbiteries, 
specially  of  Louthian  and  Fyfe,  I  was  extreamlie  doubtfull  of  the  success  of 
your  Majesties  religious  and  just  desires.  My  Lord  of  Saint  Androis 
deimed  not  the  apparent  diificultie,  but  declaired  that  being  hopefull  that 
the  happiness  which  always  accompanied  the  justice  of  your  royall  disseins 
wald  not  faile  in  this  action,  he  thoght  the  victorie  wold  be  more  perfyte, 
and  the  obedience  more  hairtie  when  the  Puritanes  sould  sie  the  Articles 
concluded  in  the  presence  of  their  greatest  patrons,  thair  opinions  being 
confuted  be  livelie  reasons  and  undeniable  trueth. 

The  sermon  before  the  Assemblie  was  made  by  the  Bischop  of  Aberden, 
who,  with  great  dexteritie,  proponed  the  weght  of  the  pourposes  to  be  en- 
treated, and  the  necessitie  of  consideration  ;  that  the  bodie  of  the  church 
being  assembled,  be  your  royall  discretion,  for  treating  of  Articles  proponed 
be  your  Majestic,  first  to  ane  number  of  the  principall  ministers  at  Sant 
Androis,  and  therefter  in  the  Assembly  at  Sant  Androis,  your  Majestic 
had  consaved  great  offence  for  the  delayes  then  used,  and  being  persuaded 
in  your  excellent  wisdome  and  conscience  that  the  Articles  were  just  and 
godlie,  and  onlie  schifted  becaus  they  were  proponed  by  your  Majesty,  be 
such  as  had  gloired  to  be  opposite  to  your  sacred  desires.  It  was  to  be 
feared  if,  at  this  tyme  your  Majesty  should  not  ressave  satisfaction,  your 
wraith  might  be  so  kindled  as  the  Church,  lousing  your  wounted  fatherlie 
favour,  they  might  feill  the  heavie  prejudice  of  that  consequence ;    and 


160  THE    SPALDING    CLUB    MISCELLANY.  [1618. 

thairfor  exhorted  thame  in  humilitie,  zeale,  and  Christian  love,  to  dispose 
themselves  to  proceid  wiselie  and  with  all  due  respect  to  your  Majestic. 

At  the  melting  of  the  Assemblie,  the  Archbischop  of  Sant  Androis  maid 
the  exhortation,  and  be  ane  most  godlie  and  wise  discours,  remembred  the 
auditouris  of  your  Majesties  Infinit  benefites  to  the  church,  your  wisdome 
in  thair  directioun  for  keiping  of  puritie  and  suppressing  poperie,  vour 
patrocinie  of  the  good  mercie  to  oifenders  of  thair  profession ;  caire  for 
provisioun  of  maintenance  to  pastouris,  and  learninge  and  zeal  in  defence  of 
the  true  religioun  be  your  most  famous  workes,  publysched  agains  the  ad- 
versaris,  which  had  incensed  the  papists  to  think  your  Majestic  the  onlie 
lat  of  their  prevailing ;  and  for  that  only  querrell,  to  seik,  by  treachourous 
meanes,  the  trouble  of  your  estate  and  destruction  of  your  sacred  person, 
and  the  true  professouris  throw  all  Europe  to  honour  your  Majestic  as  the 
protectour  of  all  the  Reformed  Churches,  and  to  acknowledge  your  Ma- 
jestic the  umpire,  and  the  most  competent  and  best  qualified  juge  of  all 
controversies  arising  amongis  thame  ;  exhorting  thairefore  every  one  to 
consider  and  acknowledge  how  justlie  thai  were  bund  to  express  thair  loyall 
respect  and  true  obedience  to  your  Majestie,  by  yeilding  to  your  lawfull 
desires  in  the  Articles  proponed. 

The  exhortation  ended,  he  called  the  commissionaris,  and  nominated  these 
for  the  conference.  Some  proponed  that  ane  moderator  might  be  chosin,' 
whom  he  silenced,  becaus  he  wald  not  suffer  the  priviledge  of  his  place  to  be 
questioned,  and  thairefter  rehearsing  what  had  been  done  in  the  Assemblie 
at  Sant  Androis,  and  [  ]  taking  it  pro  confesso,  that  all  the  Articles 

were  in  substance  allowed  thair  except  that  of  knelling  at  the  communion, 
proponed  that  to  be  disputed.  Greit  instance  wes  maid  that  the  mater  being 
of  so  heigh  consequence  might  be  entreated  in  the  publict  Assemblie,  bot 
the  contrare  was  ordanet.  Difficultie  was  maid  anent  the  conception  of  the 
words  of  the  question,  and  the  opposites  urged  that  reasons  might  be  gevin 
why  the  article  wes  necessar.  It  wes  answered  and  concluded,  that  the 
Articles  cumming  fi'om  your  Majestie  sould  be  allowed,  unless  thai  could 
prove  it  were  unlawfull.  So  Maister  William  Scot  of  Couper  being  com- 
manded to  speak,  opponed  agains  the  Article  with  modestie,  and  protestation 
that  he  would  be  unwilling  to  adduce  reasons  to  impugne  ane  proposition 
cumming  from  your  Majestie,  and  thairefter  proceiding  to  his  argumentis, 
wes  secunded  be  Mr.  John  Carmichell,  with  more  vehemencie  and  wilfulness. 
They  alledged  that  the  order  presentlie  observed  in  this  countrie  being  agre- 


1618.]  THE    WODROW    MANUSCRIPTS.  161 

able  to  the  wurd  and  Chrystes  institution,  and  thay  sworne  at  thair  admis- 
sione  to  the  ministrie  to  observe  the  true  religione  and  disciphne  ressaved 
in  this  church,  thay  could  not  with  saif  conscience  alter  it.  Which  being 
answered,  they  came  to  the  substance  of  the  question  anent  the  maner  of 
ressaving,  and  spent  the  rest  of  that  day,  and  ane  part  of  the  next,  in  dis- 
putation upon  that  subject.  Nothing  being  omitted  be  the  adversaris  which 
thair  owne  inventionis,  or  the  writings  of  these  who  allow  thair  opinion, 
could  suggest,  which  being  wiselie  and  learnedlie  refuted  by  my  Lord  of 
Glasgow,  whom  Doctour  Lindsay  of  Dundie,  and  Doctour  Philp  of 
Arbroth,  Doctour  Bruce,  and  sum  others  of  the  best  and  most  learned,  did 
assist  with  manie  evident  and  pithie  reasons.  The  Article  was  ordained  to 
be  voted  in  the  conference,  and  in  end  allowed  to,  be  so  great  oddis  of  voices, 
as  gave  wonderfuU  contentment  to  all  the  weel  affected  ;  yet,  the  number  of 
the  vulgar  ministers  having  vote  in  the  publict  Assemblie  being  verie  great> 
oure  dout  rested  what  the  event  might  be  of  that  which  depended  upon  the 
opinions  of  ane  multitude  of  ignorant  or  preoccupied  people ;  for  remeid 
whereof  my  Lord  of  Sant  Androis,  who  in  direction,  disputation,  and  all 
uther  circumstances  of  this  action,  expressed  great  wisdome,  learning,  and 
autoritie,  well  beseiming  his  place,  delayed  the  voting  the  second  day  that  he 
and  his  bretheren  might  have  sum  tyme  to  dispone  thingis  to  ane  wished 
end.  This  day  the  Bischop  of  Galloway  maid  ane  verie  pertinent  sermon 
to  persuade  the  brethren  to  peace  and  edification.  Thairefter  the  Assem- 
bhe  conveining,  new  disturbances  were  cassin  in  to  reuerse  all  that  wes 
done  in  the  conference,  and  bring  it  of  new  to  disputation,  so  as  mv  Lord  of 
Sant  Androis  wes  forced  to  permit  all  the  articles  to  be  of  new  reasoned ; 
and  if  he  had  not  be  very  grave  autoritie  reduced  their  discourses  to  suc- 
cinct and  formell  reasoning,  it  had  bene  impossible  to  bring  maters  to  any 
conclusion.  Some  oppositions  made  yesterday  was  this  day  repeated,  and 
litle  of  any  substance  added  be  such  as  were  not  of  the  conference.  All  which 
wes  judiciously  and  perspicuouslie  refuted  be  my  Lords  of  Sant  Androis 
and  Glasgow,  and  Doctouris  Lindsay  and  Philip,  whoes  faithfull  and  proiEt- 
able  endeavouris  merites  your  Majesties  gracious  remembrance.  If  com- 
plaint be  maid  be  Maister  John  Carmichaell,  that  I  wold  not  suffer  him  to 
inlarge  his  discoursis  of  the  ancient  controversie  betwix  the  Eastern  and 
Westerne  Church,  anent  the  precyse  and  true  day  of  Chrystes  birth,  I  must 
have  recours  to  your  Majesties  mercie.  In  end,  my  Lord  of  Sant  Androis, 
cutting  schort  thair  affectat  schiftes  whairby  thay  intended  aither  to  disap- 


10-2  THE    SPALDING    CLUB    MISCELLANY.  [1618. 

point  the  matter,  or  to  persuade  the  Assemblie  to  remitt  it  to  ane  uther 
meiting,  he  ordaned  this  proposition  onlie  to  be  voted,  whether  the  Assem- 
blie would  obey  your  Majestic  in  admitting  the  Articles  proponed  by  your 
Majestie  or  refuse  thame.  Sum  insisted  to  have  them  severallie  voted,  bot 
both  he  and  the  Deane  of  Winchester,  whoes  diligence,  discretion,  counsall, 
and  o-ude  assistance  in  this  service  hes  been  faithfull  and  verie  commendable, 
declared  that  your  Majesty  wald  resave  none  if  all  were  not  granted ;  and 
so  being  put  to  voting  in  these  termes,  fourescoir  and  sex  allowed  the  Arti- 
cles, fortie  and  one  refused  thame,  and  three  were  non  liquet. 

My  Lord  of  Scone  antiquum  obtinet,  and  will  never  aberrare  a  via  regia. 
My  Lord  Carnegie,  the  Thesaurar  Depute,  Advocate,  Kilsyth,  and  Sir 
Andro  Car,  have  done  that  faithful  dewtie  which  became  thame. 

The  Erie  of  Louthian,  the  Lords  Sanquhar,  Uchiltrie,  and  Boyd,  did 
lykewayes  attend  with  ane  gude  number  of  honorable  and  well  affected 
barrens,  bot  the  prayse  of  the  success  being  onlie  due  to  the  wisdome  of 
vour  Majesties  directions,  the  wourthiest  instruments  have  been  the  two 
Archibishops,  and  the  Bischops  of  Galloway  and  Aberdeene,  and  remanent 
of  thair  estate,  of  whome  none  were  negligent  or  remisse,  but  professedlie 
resolved  in  the  advancement  of  the  action.  Many  ministers  kythed  verie 
dewtifull  both  in  reasoning  and  voting ;  but  all  these  particulars  I  must 
remit  to  the  Deane  of  Winchesters  relation,  onlie  assuring  your  Majestie 
that  albeit  the  contention  wes  vehement,  both  in  the  Conference  and  publict 
Assemblie,  yet,  efter  thay  wer  voted,  thair  appeared  great  contentment  in 
manie  gude  mens  faces,  for  the  happie  and  peaceable  approbation  of  your 
Majesties  Articles.  If  your  continuall  caire  of  the  good  of  this  cuntrie  and 
churche  move  your  royall  mind  to  intend  heerefter  any  church  matters  of 
such  consequence,  I  beseech  your  Majestie,  for  the  good  of  your  owne 
service,  to  employe  ane  more  fit  Commissioner  in  my  place,  who  am  als 
unskilful  in  thir  subjectis  as  I  am  ungracious  to  the  opposites.  So  thanking 
God  for  the  blessed  end  of  thir  affaires,  and  praying  him  that  your  Majestie 
may  long  live  and  happelie  prevaile  in  all  your  royall  interpryses,  I  rest. 
Sic  subscrihitur, 
Your  Majesties  most  humble,  faithful,  and  bund  Servant, 

Binning. 
Sant  Johnston,  the  27  of  August,  at  night. 


16:)4.]  THE    AVODROW    MANUSCRIPTS.  163 

XI. 

PROTEST.\TION  OF  THE  EPISCOPAL  CLERGY  AT  ABERDEEN. 

Protestation  and  Appeal  given  in  at  Aberdeen,   upon  the  twenty  ninth  day 
of  Jun,  Jaj  yf-  ninety  and  four  years,  under  form  of  instrument,  to  the 
Committee  of  the  late  Presbyterian  Assemblie,  by  the  Ministers  dele- 
gate for  that   end  from   the  Diocesse   of  Aberdeen,   for  themselves, 
and  in  name  of  all  their  adherents. 
We,  the  Ministers  of  the  Diocesses  of  Aberdeen,  Murray,  Rosse,  Caith- 
nesse,  Orkney,  and  of  the  Shyres  of  Angus  and  Merns,  do  hereby  declare 
that  we  cannot  own  the  Assemblies  of  our  Presbyterian  brethren,  since  the 
last  establishment  of  their  government,  to  have  been  the  full  and  lawful  re- 
presentatives of  this  National  Church ;  and,  consequently,  that  no  person  or 
persons  whatsomever,  by  virtue  of  a  delegation  from  them,  can  justly  claim 
the  power  to  be  judges  of  our  lives  and  doctrines,   according  to  what  we 
have  expressed  in   the  Queries  given   in  to  this  Committee.     The  tenor 
whereof  follows  : 

1.  Whereas,  according  to  the  principles  of  Presbyterian  government, 
there  ought  to  be  no  higher  degree  of  pastors  in  the  Church  than  presby- 
ters, and  all  presbyters  are  equal  in  power  and  authoritie,  we  desire  to 
know  by  what  divine  or  ecclesiastical  right  these  tifty  or  sixty  surviving 
Presbyterian  ministers,  not  being  in  actual  charge  within  this  kingdome, 
did  take  upon  them  the  exercise  of  the  whole  ecclesiastical  power  of  this 
National  Church,  and  have  exerced  a  more  absolute  authority  and  juris- 
diction over  their  brethren,  nine  hundreth  or  a  thousand  ministers,  who 
were  in  office  when  Episcopacy  was  abolished,  than  ever  the  bishops  pre- 
tended to,  who  never  claimed  a  power  to  make  acts  concerning  the  Church 
without  consent  of  its  ministers. 

2.  Since,  according  to  their  own  principles,  the  power  of  preaching  the 
ghospell,  and  administring  the  sacraments,  and  the  power  of  discipline  and 
government  are  inseparable  in  the  office  of  a  pastor,  Qiiaeritur,  If  that 
constitution  of  church  government  be  lawful  which  excludes  the  greatest 
part  of  the  pastors  of  the  Church  from  having  any  share  in  the  govern- 
ment thereof? 


164  THE    SPALDING   CLUB    MISCELLANY.  [1694. 

3.  Seeing  no  Assembly  of  church  officers  can  justly  claim  any  authority 
or  jurisdiction  over  a  church  wherein  that  church  is  not  duly  represented, 
and  a  church  cannot  be  represented  in  an  Assembly  wherein  their  dele- 
gates are  not  allowed  to  sitt ;  and  that,  by  the  constitution  of  this  Church, 
a  General  Assembly  doth  consist  of  Commissioners  from  all  the  Presbyteries 
within  the  kingdome,  Quaerihir,  How  the  late  Presbyterian  Assemblys 
can  be  owned  for  lawful  General  Assemblys  of  this  Church,  since  they  con- 
sisted entirely  of  the  Presbyterian  party  ;  and  the  Presbyteries  of  this  Dio- 
cesse,  and  severaU  others  within  this  kingdome,  had  no  Commissioners  pre- 
sent at  these  Assemblys,  nor  have  they  a  call  to  send  any  ? 

4.  Since,  by  the  principles  already  mentioned,  all  ministers  have  ane 
equal  right  to  share  in  the  government  of  that  church  whereof  they  are 
members  and  office  bearers  ;  and  since  the  whole  body  of  the  pastors  of  this 
Church,  who  were  in  office  at  the  time  of  the  abolishment  of  Episcopacy, 
cannot  be  charged  with  ignorance,  grosse  error,  and  immorality  of  life,  or 
supine  negligence  in  their  office,  we  cannot  understand  how  the  constitution 
of  the  present  church  government,  and  late  Assemblys,  can  be  justified  by 
the  Presbyterian  ministers,  but  upon  the  supposition  that  the  whole  body  of 
pastors  foresaid  are  either  no  ministers  of  the  ghospell,  or  such  corrupt 
ones,  upon  the  account  of  their  principles  and  practices  in  relation  to 
church  government,  as  that  they  are  not  worthy  to  be  trusted  with  the 
exercise  of  that  power  which  belongs  to  the  pastoral  office,  which  we  can- 
not own  without  either  renouncing  our  ministrie,  and  declaring  all  the  acts 
of  our  ministerial  function  null  and  void,  or  condemning  those  principles 
and  practices  which  we  judge  to  be  just  and  lawful  ? 

5.  Quaeritur,  Whether  the  annual  office  of  ruling,  not  preaching  elders, 
chosen  out  among  the  people,  and  joined  with  ministers  in  Kirk- Sessions, 
Presbvteries,  Provincial  and  General  Assemblies,  and  their  Committees, 
to  assist  and  concur  with  them  in  the  exercise  of  discipline  and  govern- 
ment, can  be  warrantably  affirmed  to  be  of  divine  institution  ;  and  if  any 
footstep  of  such  an  office  doth  appear  in  the  church  history,  or  if  any 
plain  convincing  proof  of  its  constitution  can  be  produced  out  of  the 
scriptures ;  and,  if  this  office  be  not  of  divine  institution,  whether  a  judi- 
catory, consisting  in  part  of  such  officers,  pretending  to  divine  institution, 
and  to  act  by  warrant  and  commission  from  Jesus  Christ,  be  a  lawful  judi- 
catory ? 

These  are  some  of  the  most  weighty  scruples  which  we  have  in  our  cuii- 


1694.]  THE    WODROW    MANUSCRIPTS.  165 

sciences  anent  the  ecclesiastical  authority  of  this  Committee  deputed  from 
the  late  Presbyterian  Assembly,  and  these  we  propose  not  out  of  any  fear 
of  being  tryed  in  relation  to  our  life  and  doctrine,  in  which  we  are  willing 
to  submit  ourselves  to  an  impartial  tryal  by  any  competent  judicatory,  civil 
or  ecclesiastick,  within  this  kingdome  ;  nor  as  if  we  would  not  have  a  due 
regard  to  this  Committee,  if  they  cloathed  themselves  only  with  a  delega- 
tion from  the  civil  power,  but  that  we  cannot,  until  we  be  resolved  in  these 
scruples,  without  betraying  the  priviledges  of  this  National  Church,  ac- 
knowledge any  ecclesiastical  power  or  jurisdiction  in  this  Committee,  or 
their  constituents,  to  be  judges  of  any  of  our  number.  And,  therefore,  we 
hope  the  members  of  this  Committee  will  either  desist  from  any  further 
procedure  against  us,  or  give  us  a  satisfactory  answer  to  these  proposals, 
which  we  have  good  ground  to  expect  from  them,  since  it  is  both  just  and 
reasonable  in  itself,  and  well  becoming  the  character  they  own  of  ghospell 
ministers,  that  they  should  satisfy  the  consciences  of  the  scrupulous  con- 
cerning their  authority  and  jurisdiction  before  they  urge  them  to  submit 
thereunto,  and  that  in  regard  the  Assembly,  in  their  instructions  to  the 
Commission,  have  required  the  same  to  take  all  due  pains  to  reform,  con- 
vince, and  satisfye  such  as  think  that  they  have  receded  from  their  known 
principles. 

THE     committee's    ANSWER. 

The  Committee  finding  that  the  questions  proposed  do  strick  at  the 
root  of  Presbyterian  government,  and  the  present  establishment  thereof, 
according  to  the  laws  of  this  kingdome,  and  do  overturn  the  authority  of 
this  Committee,  with  which  they  are  entrusted  by  the  Assembly,  do  judge 
it  not  becoming  or  suitable  to  the  trust  reposed  in  this  judicatory,  to  enter 
in  debate  with  any  particular  persons,  few  or  more,  about  the  constitution 
and  power  of  the  present  established  government  of  this  Church,  and  do 
think  that  if  indeed  it  had  been  satisfaction  to  their  own  consciences,  which 
they  desired  they  both  might  have  long  before  this  time,  and  yet  may  take 
more  proper  and  obvious  measures  for  that  end.  Beside  that,  the  Com- 
mittee have  other  urging  and  important  works  committed  to  them  by  the 
General  Assembly,  which  cannot  allow  so  much  time  for  debates  and  dis- 
putes as  the  matter  proposed  would  require,  nor  have  they  any  commission 
for  that  effect. 


166  THE    SPALDING   CLUB    MISCELLANY.  [1694. 

Here  follows  the  rest  of  the  Protestation  which  they  gave  in  after  the 
Committee  had  given  the  forsaid  answer  to  their  Queries : 

To  the  which  Queries,  we  having  received  no  satisfactorie  answer,  and 
in  regard  that  they  have  manifestly  stated  themselves  parties  against  those  of 
our  character  and  persuasion,  therefore,  for  mentaining  the  liberties  of  this 
National  Church,  and  for  many  other  reasons  moving  us  thereto,  which  we 
are  resolved  in  due  time  to  publish  to  the  world,  we  find  ourselves  obliged 
unanimously  to  testify  against  all  their  proceedings,  acts,  and  sentences,  in 
the  quality  of  an  ecclesiastical  judicatorie,  to  appeal  to  their  Majesties  King 
William  and  Queen  Mary,  as  supreme  judges,  under  God,  within  these 
dominions,  and  to  the  next  lawfully  constitute  and  orderly  called  Generall 
Assembly  of  this  Nationall  Church ;  and  we  do  hereby  protest  against  any 
sentence  past  or  to  be  past  against  any  of  our  number  that  are  cited,  or 
may  be  cited,  before  this  Committee,  and  do  appeal  to  their  Majesties,  as 
said  is  ;  and  this  we  do  not  as  if  we  would  protect  any  that  are  guilty  (if 
any  such  be  among  us),  nor  as  if  we  would  not  give  all  due  deference  to 
this  Committee  in  submitting  to  them,  if  they  cloathed  themselves  only 
with  a  delegation  from  the  civil  power,  but  that  we  cannot  (untill  we  be 
resolved  in  the  before  written  scruples),  acknowledge  any  ecclesiastik  power 
or  jurisdiction  in  this  Committee,  or  their  constituents,  to  be  judges  of 
any  of  our  immber.  And,  finally,  we  protest  that  this  our  Protestation 
and  Appeal,  together  with  the  Queries  above  mentioned,  as  they  were  given 
in,  befor  entering  this  Protestation,  be  insert  verbatim  in  the  records  of 
this  Committee  ad  fuUiram  rei  memoriam.  Sic  subscribitiir,  Mr.  James 
Gordon,  parson  at  Banchorie  Devenick ;  Mr.  Thomas  Robertson,  parson 
of  Clatt ;  Mr.  Alexander  Lunan,  parson  of  Daviot ;  Mr.  Alexander  Clark, 
minister  at  Methlick ;  Mr.  Alexander  Mill,  minister  at  Udnie,  Mr.  George 
White,  minister  at  Mary  Culter ;  Mr.  John  Dunlop,  minister  at  Skeen; 
Mr.  George  Smith,  minister  at  Kinellar ;  Mr.  Gilbert  Ramsay,  minister  at 
Dice ;  Mr.  George  Setoun,  minister  at  Upper  Machar ;  Mr.  Richard 
Maitland,  minister  at  Nigg  ;  Mr.  Thomas  Crevey,  minister  at  Newhills. 

COMMISSION    FOR    PRESENTING    THE    rORSAID    QUERIES,    ETC. 

At  the  Kings  CoUedge  Kirk  of  Aberdeen,  the  fifth  day  of  Jun,  Jaj  vj"-"- 
ninety  four  years. 
The  quhilk  day,  being  met,  the  ministers  of  Aberdeen,  together  with 
delegates  from  the  Diocesses  of  Murray,  Ross,  Caithnesse,  and  Orkney, 


If594.]  THE    WODROW    MANUSCRIPTS.  167 

and  from  the  Shyres  of  Angus  and  Mearns,  for  consulting  anent  the  neces- 
sarie  affairs  of  the  Church  in  this  juncture,  and  understanding  that  the 
Committee  of  the  late  Presbyterian  Assembly  for  the  north  is  to  sitt  at 
Aberdeen  once  in  this  moneth,  did  therefore  nominate  and  choose  thir 
brethren  aftermentioned,  viz.  Mr.  John  Forbes,  parson  of  Kincardin ; 
Mr.  Thomas  Robertson,  parson  of  Clatt ;  Mr.  Alexander  Lunan,  parson 
of  Daviot  ;  Mr.  Alexander  Gellie,  parson  of  Fordyce  ;  Mr.  Patrick 
Harvey,  minister  at  Forgan  ;  Mr.  Alexander  Barclay,  minister  at  Peter- 
head ;  Mr.  Alexander  Clark,  minister  at  3Iethlick  ;  Mr.  Alexander  Mill, 
minister  at  Udney,  together  with  all  the  brethren  of  the  Presbytery  of 
Aberdeen ;  together  also  with  any  others  of  other  presbyteries  or  diocesses 
who  may  be  upon  the  place  for  the  time,  or  any  three  or  one  of  them,  as 
their  commissioners  and  representatives,  with  full  power,  warrand,  and 
commission  to  them  to  compear  before  the  said  Committee,  whenever  it 
shall  happen  any  of  their  number  to  be  cited  before  them,  and  in  their 
names  to  present  unto  them  some  queries  or  proposals  conceived  by  them 
at  their  foresaid  meeting,  relating  to  the  ecclesiastical  authority  and  juris- 
diction of  the  said  Committee,  and  to  demand  answers  and  resolutions 
thereunto,  and  all  other  things,  to  act  and  do  relative  to  the  Churches  in- 
terest, pro  re  nata,  and  to  establish  and  constitute  proctors,  one  or  more, 
in  their  name,  to  compear  in  their  absence,  and  to  act  before  the  said  Com- 
mittee as  fully  and  freely  as  if  all  and  every  one  of  them  were  personally 
present  themselves,  and  appointed  an  extract  of  this  act  to  be  given  to  the 
foresaid  Commissioners,  under  the  clerk  of  the  meeting  his  hand,  for  their 
warrand  and  commission.  Extracted  forth  of  the  records  of  the  meeting 
above  specefeit,  by  me, 

(Sic  subscribitur )  Mr.  Thomas   Crevey,   Clerk. 

Mr.  William  Dunlop  protested,  and  took  instruments  upon  the  for- 
said  appeal  in  the  terms  following  : 

I,  William  Dunlop,  Principal  of  the  Colledge  of  Glasgow,  and  one  of 
the  members  of  the  Committee  of  the  last  General  Assembly  of  this  Church, 
do  protest  and  declare,  that  the  paper  now  given  in  by  Mr.  James  Gordon, 
parson  of  Banchorie,  Mr.  Thomas  Cravey,  minister  at  Newhills,  and 
others,  their  brethren,  may  not  be  regarded,  nor  any  way  retard  this  Com- 
mittees procedure  in  any  of  the  affairs  committed  to  them ;  in  respect  that 
this  Committee  are  cloathed  with  their  power  from  the  last  Generall  As- 


168  THE    SPALDING   CLUB    MISCELLANY.  [1694. 

sembly,  which  Assembly  was  lawfully  indicted  and  held,  and  was  a  free  and 
lawfull  General  Assembly,  conform  to  the  laws  and  rules  of  this  Church  and 
kingdome,  whether  civil  or  ecclesiastical,  and  against  either  the  indicting  or 
holding  of  which  Assembly  or  the  power  or  authority  thereof,  none  of  these 
appellants,  or  any  others  of  their  pretended  persuasion,  did  make  any  pub- 
lic protest,  or  give  in  to  the  same  any  reasons  against  their  proceedings,  or 
against  the  said  Assembly,  their  cloathing  this  Committee  with  the  power 
given  thereunto.  And  in  respect  the  said  Mr.  James  Gordon,  and  others 
here  present,  do  pretend  to  come  as  commissionate  from  a  collective  body 
and  meeting  of  ministers,  and  which  body  of  ministers  have  no  power  or 
authority  by  any  of  the  laws  and  rules  of  this  Church  and  kingdome  to  be 
such,  nor  have  given  those  proofs  of  their  loyalty  to  their  Majesties,  or  of 
their  owning  and  submitting  to  the  government  of  the  Church  now  by  law 
established,  as  the  law  doth  require ;  and,  likewayes,  in  respect  that  all 
these  appellants,  except  Mr.  Thomas  Crevey,  do  come  unto  this  judicatory 
without  being  lawfully  called  thereunto,  and  do  by  their  appeal  impugne  the 
lawful  authority  of  the  same  ;  and  as  to  Mr.  Thomas  Crevey,  in  respect 
that  having  been  lawfully  cited  before  this  judicatory  to  answer  for  severall 
things  laid  to  his  charge,  hath  sisted  himself  judicially  before  this  Commit- 
tee, and  made  several  answers  in  causa,  and  yet  ante  latam  sententiam,  has 
given  in  this  pretended  appeal ;  and  likeways,  in  respect  that  all  these 
pretended  appellants  give  no  reasons  for  this  appeal,  but  put  in  queries  to 
this  Committee,  challenging  the  authoritie  of  the  same  by  law  established  : 
In  respect  whereof,  and  for  other  reasons  which  I  shall  humbly  offer  to  the 
Committee  when  thereunto  required,  I  do  protest  that  the  Committee  may 
proceed  to  discusse  the  libel  against  Mr.  Thomas  Crevey,  and  perform  all 
the  other  trust  reposed  in  them,  and  desire  that  this  my  declaration  and 
protestation  may  be  recorded  in  the  registers  of  this  Committee,  therein 
to  remain. 

The  appealers  desiring  an  extract  of  the  Committees  Answer,  under 
the  Clerk's  hands,  the  Moderator  told  they  should  have  it  when  required, 
with  this  process.  That  the  Committee  would  no  more  treat  with 
them  as  a  body,  nor  receive  any  more  papers  from  them  that  way, 
but  if  any  of  them  be  for  addressing  the  Committee,  in  order  to  their 
being  received,  that  they  do  the  same  one  by  one,  and  they  should  be 
heard. 


1694.]  THE   WODROW    MANUSCRIPTS.  169 

XII. 
MR.  R.  LANGLANDS  TO  THE  REVEREND  JAMES   WODROW. 

Aberdeen,  Julij  4,  1694. 
Reverend  Brother, 

I  am  weary  with  writing  to  Edinburgh  and  other  toyl,  yet  would 
not  omitt  to  give  you  some  short  account  of  affairs  here,  since  we  came  to 
this  country.      While  the  [  ]  at  Dundee  deposed  Mr.  G.  Grahame, 

at  Inneraritie,  for  notorious  drunkennesse,  and  found  that  Mr.  Scrimgeour, 
[  ]  parson  of  Dundee,   had  dcmitted  and  deserted  his  charge  there, 

we  [  ]  one  Mr.  John  Christison,  at  Liff,  of  whom  we  hope  we  shall 

not  be  ashamed.  Since  we  came  to  this  place,  our  work  has  been  very  toyl- 
some  and  difficult,  and  I  think  we  and  others  are  called  to  blesse  God  for 
his  goodnesse  in  giving  any  light  and  direction  in  so  dark  steps.  The  first 
thing  done  here  was  the  intimating  to  the  magistrates  and  other  inhabitants 
of  this  place,  to  give  in  lists  of  persons  fitt  to  be  admitted  elders  and  dea- 
cons here,  and  that  upon  addresse  from  the  magistrates  for  that  effecte.  The 
Episcopal!  session  gave  in  a  protestation  against  this,  which  they  sent  by 
one  of  their  number  unsubscribed,  and  their  commissioner  likewayes  refused 
to  subscribe  it.  The  list  being  given  in,  tryall  was  taken  of  the  persons, 
and  the  fittest  chosen,  and  their  edict  served  last  Sabbath,  and  they  are  to 
be  admitted  next  Sabbath.  A  complaint  being  given  in  by  the  Laird  of 
Udney  against  Mr.  James  Gordon,  son  to  Mr.  James  Gordon,  parson  of 
Banchrie,  known  by  the  name  of  the  reformed  bishop,  for  intruding  upon  the 
paroch  of  Foveran,  summonds  were  issued  out  against  him  and  Mr.  Thomas 
Crevey,  at  Newhills,  for  admitting  his  [  ].     Both  compeared,  and  with 

them  a  considerable  number  of  the  clergy  of  the  country.  It  would  fill  a 
volume  to  give  you  an  account  of  this  aifair.  But  in  short,  after  a  prepared 
speech,  larded  with  Latine  phrases,  had  by  Mr.  James  Gordon  of  Banchrie, 
they  gave  in  some  queries  to  which  they  got  an  answer,  then  gave  in  an  ap- 
peal with  these  queries  in  its  bosome,  upon  which  Mr.  Dunlop  did  protest 
and  take  instruments,  and  they  got  their  final  answer,  doubles  of  all  which 
papers  I  have  sent  to  Edinburgh,  and  desired  them  to  take  doubles  of  them, 
and  send  these  I  wrote  forward  with  this,  because  I  had  not  time  to  write 
copies.     And  wheras  they  desired  resolution  to  their  queries,  some  of  the 


170  THE    SPALDING    CLUB    MISCELLANY.  [1694. 

members  of  the  Committee,  as  was  agreed,  having  first  asked  the  Modera- 
tors allowance  to  speak,  told  them  that  though  the  Committee  could  not  as 
a  judicatorie,  it  were  unsuitable  for  them  to  enter  in  debates  with  any 
private  persons,  few  or  more  ;  yet  the  members  of  this  Committee,  in  their 
private  capacity,  would  be  ready  to  reason  with  them,  upon  the  queries  pro- 
posed, when  and  where  they  pleased. 

They  had  at  first,  when  Mr.  Cravie  was  called,  rushed  in  rudely  ;  but 
being  commanded  out  till  called,  they,  at  their  return,  made  many  apolo- 
gies for  the  disturbance  of  their  first  incoming,  and  imputed  it  to  the  people 
that  thronged  in  with  them.  Some  of  our  number  communed  with  some  of 
them,  and,  as  we  hear,  several  of  them  repent  their  rude  addresse,  and  some 
of  them  came  to  the  Moderator  to  make  apologie,  and  to  [  ]  him  for 

the  Committees,  and  his  civility  to  them.  We  have  a  Ust  of  many  scanda- 
lous incumbents  in  this  Synod,  and  purpose  to  processe  them,  as  we  can 
have  probation.  Two  of  them  are  already  summoned ;  the  one  offers  de- 
mission, the  other  is  to  compear  on  Friday.  We  have  received  five  well 
approven  of  for  their  life,  doctrine,  and  abilities,  and  hope  we  shall  not  be 
ashamed  of  them.  They  show  great  concern  for  purging  and  planting  of 
this  Church,  and  may  be  very  serviceable  to  us,  in  that  both  by  information 
and  advice,  and  at  their  reception,  did  not  only  come  up  to  the  terms  re- 
quired, but  did  of  their  own  accord  testify  their  resentment  of  their  former 
way,  to  the  Committees  great  satisfaction  ;  nor  have  any  of  them,  since  the 
revolution,  associate  themselves  with  the  rest.  Other  three  have  applyed 
and  are  in  dependance  ;  I  had  occasion  to  converse  with  them.  Those 
received,  and  such  as  may  be  received  within  this  Synod,  we  have  erected 
into  a  Presbytery,  and  given  rules  for  the  exercise  of  government,  which  I 
cannot  wryte  at  length,  but  I  doubt  not  you  will  be  satisfied  with  them. 
We  got  possession  of  the  kirk  of  Old  Aberdeen  last  Sabbath,  and  purpose 
to  keep  it.  The  intruders  in  this  countrey  are  cited  to  compear ;  we 
apprehend  they  will  not,  but  some  of  them  have  already  compeared,  and 
their  supporters  desert  them.  I  cannot  enlarge,  being  weary,  but  shall 
write  as  occasion  oilers.  We  have  need  of  the  help  of  your  prayers,  and 
you  [  ]  are   called   to   blesse    God  for   his  goodnesse   in   giving 

some  light  in  very  diflficult  steps,  of  which  you  may  get  a  more  particular 
account  at  meeting.     But  adversaries  knowing  that  we  have  [  j 

account  of  their  scandalous  [  ]  ready  as  to  proceed  against  the 

bad,  so  to  encourage  such  as  are   [  ]  are  become  faint  and  under 


1697.]  THE    WODROW    MANUSCRIPTS.  171 

consternation,  and  as  we  hear  some  of  the  appellants  themselves  would 
wish  they  had  not  by  their  appeal  shut  the  door  upon  their  [  1 , 

but  I  think  in  this  God  hath  infatuate  them.  I  adde  no  more,  but  ray 
kynde  respects  to  your  best  half,  and  to  the  brethren,  with  their  families, 
and  that  I  am,  in  haste, 

Dear  Brother, 
Your  affectionate  Brother  and  Servant, 

R.   Langlands. 
We  are  all  in  good  health,  blessed  be  God. 

Our  brother,  Mr.  Ramsay,  probably  cannot  escape  a  call  hither. 
You  may  communicate  this  to  the  brethren  of  your  Presbytery. 

For  the  minister  of  Glasgow. 
Rev.  Dear  Brother, — I  apprehend  that  it  is  not  expedient  to  let  copies 
of  the  queries  be  [  ]   untill  we  speak  together  again,  and   that 

ye  please. 

J.   W. 

Superscribed— The  Reverend  Mr.  James  Wodrow,  Professor  of  Theo- 
logie,  or  any  of  the  ministers  at  Glasgow,  to  be  communicate  to  Mr. 
Thomas  Ramsay  at  Calder. 


XIII. 

THE  REVEREND  THOMAS  RAMSAY  TO  THE  REVEREND  JAMES 
WODROW. 

Reverend  and  dear  Brother, 

I  receaved  yours,  dated  March  19,  anent  Messrs.  Innes  and  Lesly, 
and  communicat  the  same  to  the  brethren,  who  are  refreshed  with  the  good 
and  savory  report  you  give  of  both,  for  there  is  nothing  we  more  stand  in 
need  of  than  able  ministers  and  good  Christians  joyn  d  in  the  same  per- 
sones  ;  and  truly,  if  either  grace  or  learning,  in  some  competent  measure, 
be  wanting,  we  are  afraid  we  are  building  up  but  nominall  presbyterie.  As 
for  Mr.  Innes,  I  have  advanc'd  him  five  lb.  sterling,  twentie  eight  pounds 
Scots  of  which  I  have  only  receaved,  besides  what  remains  uncleared  of  my 


172  THE    SPALDING   CLUB   MISCELLANY.  [1697- 

advances  to  him  the  former  year,  nor  have  I  nor  others  any  hopes  much 
more  will  be  advanced  untill  we  make  application  to  the  Lords  of  Council 
and  Session,  and  we  have  had  so  many  and  so  constantly  applications  to  these, 
that  all  of  us  are  more  than  wearied  of  them.  I  must  say  both  my  col- 
league and  I  (besides  what  our  poor  and  weak  brethren  have  been  put  to) 
are  so  far  superexpended  one  way  and  other,  that  we  are  not  longer  able  to 
bear  it,  without  more  loss  to  our  neighbours  interest  than  I  am  willing  to 
expresse  at  present;  wherefor  if  brethren  with  you  can  help  both  of  them  a  little 
till  their  circumstances  alter,  it  may  be  good  service,  if  they  think  not  fit  to 
do  so,  they  must  wait  upon  providence.  As  for  Mr.  Lesly,  it  is  not  our  mind 
he  enter  upon  tryalls  untill  he  have  another  year  at  the  profession ;  betwixt 
and  that  time  we  shall  do  our  utmost  endeavours  to  help  and  encourage 
him.  The  burden,  which  is  now  insupportable  to  a  few,  may  become  (if 
more  fitt  hands  be  joyn'd  to  us)  more  easy,  but  if  any  design  to  plant  all 
this  vast  and  desolat  countrey  only  with  young  men,  both  the  present  and 
rising  generation,  yea,  the  whole,  I  think,  of  Scotland,  will  sadly  repent  it. 
Though  its  like  some  of  us  may  not  be  long  actors  in  or  witnesses  to  it, 
however,  at  present,  we  are  all  busied  in  planting  our  vacancies  as  possibly 
we  can  ;  for  Mr.  Robert  Tait  was,  upon  Wednesday  last,  admitted  at  CuUen, 
where  also  we  ordained  Mr.  Thomas  Backie  for  Kirkwall  in  Orkney.  Mr. 
Alexander  Thomson,  a  country  man  here,  is  to  be  ordained  at  Petercoulter 
to-morrow.  Mr.  William  Thomsone,  one  of  the  receaved,  is  by  us  trans- 
ported from  Auchindore  to  Kintore,  and  is  to  be  admitted  to-morrow  eight 
days,  and  Mr.  George  Skeen  is  to  be  ordained  minister  at  Kinkell  the  day 
thereafter,  being  the  22  instant.  We  expect  Mr.  Martine  Shanks  will  be 
admitted  minister  at  Newhills  either  the  last  week  of  this  moneth  or  the 
first  week  of  May.  Nixt  week  we  are  resolved  to  divide  ourselves  in  thrie 
presbyteries,  although  we'll  be  but  four  ministers  in  one,  five  in  another,  and 
six  in  the  third,  for  all  our  additions,  and  our  first  synodicall  meeting  will 
be  about  the  middle  of  May.  We  have  eight  legal  Presbyteries  within  our 
Synod,  laying  in  whole  forty  miles  long  and  forty  broad,  and  brethren  are 
superexpended  and  wasted  in  their  bodies,  and  will  be  unable  longer  to  sub- 
sist either  in  persones  or  purses  in  one  Presbytery.  Probably  our  first 
work  in  Synod  will  be  our  giving  a  call  to  a  Professor  for  the  Kings  Col- 
ledge  in  Old  Aberdeen.  But  I  must  break  otF,  being  often  interrupted  in 
writing  this,  and  having  no  time  to  write  to  my  brother  Dunlop  (to  whom  I 
desire  you  to  communicat  this)  or  any  others.     I  desire  you  to  impart  this 


1697.]  THE    WODROW    MANUSCRIPTS.  173 

to  als  few  as  you  please,  because  some  may  be  ready  to  make  wrong  use  of 
it.     Grace  be  with  you,  all  yours,  and  all  mine  with  you,  and  ever  am, 
Ryght  Reverend, 
Your  own  aflectionate  Brother  and  Servant,' 

Tho.  Ramsay. 
Aberdeen,  April  13,  1697. 

Superscribed — The  Reverend  Mr.  James  Wodrow,  Professor  of  Divinity 
in  the  Colledge  of  Glasgow. 


XIV. 
MR.  HUGH  INNES  TO  THE  REVEREND  JAMES  WODROW. 

Aberdeen,  Sept.  15,  1697. 
Dear  Billie, 

I  have  spoke  to  some  in  this  place  who  averr  the  truth  of  all  that 
you  heard  of  that  woman.  She  was  kept  by  the  Masters  of  the  Old  Col- 
ledge  a  long  tyme,  and  by  the  Dutchesse  of  Gordon,  without  meat  or 
drink. 

I  was  glad  to  be  informed  by  the  Principall  of  the  Professors  health,  and 
all  in  his  family  ;  I  give  him  my  service,  and  doe  heartly  acknowledge  my 
sense  of  that  [  ]  kindness  I  met  with  while  under  his  charge.     I  pray 

the  Lord  may  long  preserve  him  for  doing  him  service  here,  and  at  last  re- 
ceive to  that  mansion  of  glory  he  hath  prepared  for  those  that  love  him. 
Give  my  service  to  your  stepmother  and  brother,  to  Mr.  Brown,  to  Mr.  G. 
Believe  me  to  be. 

Your  affectionate  Cosine  and  Servant, 

Hugh  Innes. 

I  remitt  you  to  Will  Christie  for  ane  account  of  matters  here.  Give  my 
service  to  Mr.  Jamieson  ;  the  Principall  will  give  him  an  account  of  his 
books  that  are  come  here. 


XI. 


P  A  P  E  K  S 


THE  CHARTER  CHEST  AT  PITTODRIE. 


M.D. XXIV— M.DC. XX  VIII. 


PAPERS 

FROM 

THE    CHARTER    CHEST    AT   PITTODRIE. 

M.D.XXIV— M.DC.XXVIII. 


I. 

OBLIGATION   BY  ARCHIBALD  DOUGLAS   OF   GLENBEKVY. 

I  Archbald  Dougles  of  Glenbervy  grantis  me  hes  in  wed  of  Master  Anent  the 
Thomas  Erskin  of  the  Haltoun  ane  chenye  of  gold  for  four  scoir  merkis  <^henye. 
contenand  xlviij  lynkis  and  weyand  thre  scor  crownys  of  weycht  ■  the  quhilk 
chenye  of  gold  I  bind  and  oblis  me  with  consent  of  Master  James  Dougless 
channoun  of  Ross  and  Master  Adam  Otterburn  to  deliuer  the  said  chenye 
to  the  said  Master  Thomas  his  aires  executouris  and  assignais  quhen  he 
payis  to  me  four  scor  merkis  any  tym  betuix  this  dait  and  Lammes  nixt 
callit  the  Inuencioun  of  the  Cross  •  and  faland  thairof  it  salbe  dischargit  for 
the  said  soum  •  In  vitnes  herof  I  hef  subscrivt  this  vrit  with  my  hand  and 
causit  my  curatouris  the  saidis  Master  Adam  and  Master  James  subscrif 
the  sammyn  •  At  Edinburgh  the  vj  day  of  Nouember  yer  of  God  j"-  v^- 
and  xxviiij  yeris- 

Archbald  Dougles 

off  Glenberwy  • 
Ita  est  Jacobus  Douglas- 


II. 

WARRANT  FOR  THE  OFFICE  OF  SECRETARY  IN  FAVOUR  OF 
THOMAS  ERSKINE  OF  HALTON. 

Our  Souerane  Lorde  •  with  auise  and  consent  of  hys  derrest  moder  the  Warrant  for 

Quene  and  lordis  of  secret  consell     ordanis  ane  lettre  to  be  maid  in  dew  '**'^<'  °'  '^•^c- 

retarie. 


178  THE    SPALDING   CLUB    MISCELLANY.  [1524. 

6  March,  1524.  forme  vnder  the  gret  seyll  to  his  louit  Maister  Thomas  Erskyne  of  Haltoun  - 
makand  him  secretar  to  our  Souerane  Lorde  during  the  tyme  of  hys  les  age 
and  fvrther  at  hys  hieness  will  to  indure  •  comittand  tyll  hym  the  office  off 
with  the  keping  of  our  said  Souerane  Lordis  signetis  •  To  be  haldin  and  to 
be  had  the  said  office  with  the  keping  of  our  said  Souerane  Lordis  signetis 
to  the  said  maister  Thomas  during  the  tyme  forsaid  •  with  all  and  syndry 
commoditeis  fredomis  importans  feis  and  dewiteis  quhatsumeuer  pertenying 
or  rychtwislie  may  pertene  thairto  •  frelie  quietlie  etc  •  but  ony  reuocatione 
etc  ■  with  full  powar  to  the  said  Maister  Thomas  to  minister  in  the  said 
office  and  to  wse  and  exerse  the  samyn  be  hymself  his  deputis  and  substi- 
tutis  •  for  the  quhilkis  he  salbe  haldin  to  ansuer  •  siclyke  and  als  frelie  in  all 
thingis  as  ony  vtheris  secretaris  vsit  and  exercit  the  said  office  in  ony  tymis 
bygane  •  For  vsing  and  exercing  of  the  quhilk  office  our  Souerane  Lorde  • 
■with  anise  and  consent  of  his  said  derrest  moder  and  lordis  of  secret  consell 
forsaid  •  gevis  granttis  and  assignis  to  the  said  Maister  Thomas  •  all  commo- 
diteis liberteis  importance  feis  and  dewiteis  aucht  and  wont  theroff  •  and 
siclyke  as  any  vtheris  secretaris  has  had  in  tymis  bygane  for  using  and  exer- 
cing of  the  samyn  •  and  generalie  all  and  sindry  thingis  to  do  exerce  and 
use  that  to  the  office  of  secretary  and  administratione  in  the  samyn  off  law 
or  consuetude  is  knawin  to  pertene  fFerme  and  stable  etc  ■  And  that  the  said 
lettre  be  extendit  heirapoune  with  aH  clausis  necessar  and  with  command 
in  the  samyn  to  all  and  sindry  our  Souerane  Lordis  Regis  and  subditis  that 
thai  and  ilkane  of  thame  reddelie  intende  ansuer  and  obey  to  the  said  Master 
Thomas  his  deputis  and  substitutis  forsaidis  in  aU  and  sindry  thingis  con- 
cernying  the  said  office  and  to  name  vtheris  during  the  space  forsaid  vnder 
all  pane  etc  •  And  that  preceptis  be  direct  ordourlie  heirapoun  •  Subscriuit 
be  our  Souerane  Lorde  and  his  said  derrest  moder  and  secret  lordis  of 
consell  forsaidis  •  At  Edinburgh  the  sext  day  of  Marche  the  yeir  of  God 
jm.  yo.  and  xxiiij  yeiris  • 

James  •  R-  Margaret  •  R- 

Erl  of  Arran  • 


1526.]  THE    PITTODRIE    PAPERS.  179 


GIFT  OF   THE  OFFICE  OF  SECRETARY  BY  KING  JAMES  V.  TO 
THOMAS  ERSKINE  OF  HALTON. 

James  be  the  grace  of  God  King  of  Scottis  •  to  all  and  sindry  oure  of-  Litera  Mag 
ficiaris  liegis  and  subditis  quham  it  efferis  quhais  knaulege  thir  oure  let-  '■''  Thome 
teris  salcum  -  greeting  •  Forsamekle  that  we  •  vnderstanding  the  wisdome  Haltoun. 
fidelite  discretioua  and  circuraspectioun  of  oure  louit  familar  Maister  5  Oct.  \d>i 
Thomas  Erskin  of  Haltoun  •  and  havand  experience  of  his  exact  diligence  in 
materis  and  erandis  comittit  to  him  •  have  made  create  and  ordinit  •  and  be 
thir  oure  letteris  makkis  creatis  and  ordinis  •  the  said  Maister  Thomas  oure 
first  secretar  for  all  the  dais  of  his  liffe  •  and  hes  committit  to  him  the  keping 
of  oure  signetis  and  exercing  of  the  said  office  of  secretary  in  all  things  re- 
quirit  therto  •  with  all  feis  profiittis  emolumentis  preeminentis  preuilegiis 
and  dewiteis  belangand  to  the  said  ofiice  •  and  siclike  as  ony  vtheris  secre- 
taris  had  for  vssing  of  the  said  ofiice  in  tymes  bigane  •  To  be  haldin  and  to 
be  had  the  said  office  of  first  and  principale  secretary  and  keping  of  the 
saidis  signetis  and  directioun  of  all  letteris  in  all  materis  concernyng  the 
samyn  •  with  all  feis  proffittis  and  dewiteis  digniteis  preeminentis  and 
priuilegis  •  for  all  the  dais  of  his  liflPe  •  with  power  to  mak  deputis  ane  or  maa 
vnder  him  in  the  said  office  for  exercing  of  the  samyn  in  his  absence  •  for 
the  quhilkis  he  salbe  haldin  to  ansuere  •  frelie  quetlie  wele  and  in  peax 
but  ony  reuocatioune  or  aganecalling  quhatsumeuer  ■  the  aith  of  fidelitie 
first  ressauit  fra  the  said  maister  Thomas  ■  Quharfore  we  charge  straitlie 
and  commandis  you  all  and  sindry  oure  oflBciaris  liegis  and  subditis  for- 
saidis  that  ye  and  ilkane  of  yow  reddelie  ansueir  and  obey  to  the  said 
Maister  Thomas  our  first  and  principale  secretar  hes  deputis  and  substitu- 
tis  vnder  him  in  all  thingis  concernyng  the  said  ofiice  of  secretary  •  and 
payng  to  him  his  deputis  and  substitutis  forsaidis  of  all  feis  proffittis  and 
dewiteis  pertenyng  to  his  said  office  vsit  and  wount  and  to  nane  vtheris  in 
tyme  cuming  during  his  lifetyme  •  vnder  all  pane  and  charge  that  efter  may 
follow  •  Gevin  vnder  oure  priuie  sele  •  at  Edinburgh  the  fyft  day  of  Octo- 
ber •  the  yer  of  God  j™-  V^-  and  xxvi  yeris  ■  and  of  our  regnne  the  xiiij  yere  ■ 
Per  signaturam  manu  S  •  D  •  N  •  Regis  subscriptam  etc  • 


180  THE    SPALDING    CLUB    MISCELLANY.  [1530. 

IV. 

COMMISSION,  KING  JAMES  V.  TO  SIR  THOMAS  ERSKINE. 

CoiJimissioun  Jacobus  Dei  gratia  Rex  Scotorum  •  illustrissimo  principi  Francisco  eadem 
bchir  Thomas  gratia  Francorum  Regi  Cristianissimo  eiusque  consilio  •  ac  aliis  omnibus 
6  April,  1530.  quorum  interest  intererit  aut  interesse  poterit  •  Notum  facimus  per  pre- 
sentes  quod  fidum  et  dilectum  consiliarium  nostrum  Thomam  Erskynn  ab 
Haltoun  •  equitem  auratum  nobis  a  secretis  primarium  •  cum  consensu  domi- 
norum  consilii  nostri  •  fecimus  constltuimus  et  ordinauimus  ac  tenore  pre- 
sentium  facimus  constituimus  et  ordinamus  ■  nostrum  commissarium  procu- 
ratorem  et  ad  infrascripta  negotiorura  moderatorem  generalem  et  specialem  . 
videlicet  •  ad  proponendum  et  exponendum  desiderium  nostrum  pro  future 
matrimonio  inter  nos  et  Dominam  Magdalenam  filiara  maiorem  natu  dicti 
Cristianissimi  Regis  fratris  nostri  •  necnon  de  et  super  aliis  quibusdam 
negotiis  secundum  credita  eidem  transmissa  •  et  super  eiusmodi  negotio  ma- 
trimonii et  aliis  cum  omnibus  suis  accessoriis  communicandum  tractandum 
concordandum  et  iinaliter  concludendum  •  ratum  et  gratum  firmum  atque 
stabile  habentes  et  habituri  id  omne  et  quicquid  dictus  noster  secretarius 
ac  commissarius  nostro  nomine  in  premissis  duxerit  agendum  et  faciendum 
ac  si  nos  presentes  personaliterque  interessemus  •  Datum  sub  nostro  magno 
sigillo  apud  oppidum  nostrum  Edinburgense  •  sexto  die  mensis  Aprilis 
anno  Domini  millesimo  quingentisimo  trigesimo  ■  et  regni  nostri  xvij  • 

James  R- 


V. 

KING  JAMES  V.  TO  SIR  THOMAS  ERSKINE. 


Kingis  leter  to       Secretair  •  I  commend  me  bartly  to  yow  •  I  hawe  send  my  Lord  Max- 
well to  yow  that  he 
and  tuscbing  thyr  i 
sail  gyue  credence  • 


Schir  Thomas  ^gjj  ^q  y^^  {jjat  he  may  hawe  your  awyce  in  syk  thyngis  as  now  ocurys  • 
and  tuscbing  thyr  dayis  [  ]  quhilkis  he  [  ]  quhom  to  ye 


James  R- 


1530.]  THE    PITTODRIE    PAPERS.  181 

VI. 

COMMISSION,  JAMES  V.  TO  THE  DUKE  OF  ALBANY. 

Jacobus  Dei  gratia  Rex  Scotorurn  •  illustrissimo  principi  Francisco  eadem 
gratia  Francorura  Regi  Cristianissimo  eiusque  consilio  •  ac  aliis  omnibus 
quorum  interest  intererit  aut  interesse  poterit  •  Salutem  •  ac  per  presentes 
notum  facimus  •  pro  cognita  et  jam  satis  esplorata  apud  nos  fidei  constantia 
charissimi  consanguine!  nostri  Johannis  Albaniae  ducis  •  eundem  cum  con- 
sensu dominorum  consilii  nostri  fecimus  constituimus  et  ordinauimus  ac 
teuore  presentium  facimus  constituimus  et  ordinamus  •  nostrum  commissa- 
rium  procuratorem  et  ad  infra  scripta  negociorum  moderatorem  generalem  et 
specialem  •  videlicet  •  ad  proponendum  et  exponendum  desiderium  nostrum 
pro  futuro  matrimonio  inter  nos  et  Dominam  Magdalenam  filiam  maiorem 
natu  dicti  Cristianissimi  Regis  fratris  nostri  •  necnon  de  et  super  aliis 
quibusdam  negociis  secundum  credita  eidem  transmissa  •  et  super  eiusmodi 
negocio  matrimonii  et  aliis  cum  omnibus  suis  accessoriis  communicandum 
tractandum  concordandum  et  finaliter  concludendum  •  ratum  et  gratum 
firraum  atque  stabile  babentes  et  babituri  id  omne  et  quicquid  dictus  noster 
consanguineus  ac  commissarius  nostro  nomine  in  premissis  duxerit  agen- 
dum et  faciendum  ac  si  nos  presentes  et  personaliter  interessemus  •  Datum 
sub  nostro  magno  sigillo  apud  oppidum  nostrum  Edinburgense  ■  sexto  die 
mensis  Aprilis  anno  Domini  millesimo  quingentesimo  trigesimo  •  et  regni 
nostri  decimo  septimo- 

James  R. 


VII. 

TRANSUMPT,  DATED  29th  MARCH,  1530,  OF  CHARTER  BY  CHARLES 
VII.  KING  OF  FRANCE,  GRANTED  IN  1428,  IN  FAVOUR  OF  KING 
JAMES  L 

In  Dei  nomine  Amen  •  Vniuersis  sancte  matris  ecclesie  iiliis  ad  quorum 
noticias  presentes  litere  sine  presens  publicum  instrumentum  huiusmodi  trans- 
snmptum  siue  transscriptum  in  se  continentes  sine  continens  peruenerint 


182  THE    SPALDING    CLUB    MISCELLANY.  [1530. 

seu  peruenerit  •  Jacobus  Symson  •  magister  in  artlbus  rector  de  Kirkforther 
ac  officialis  Sancti  Andree  infra  archdiaconatum  Laudonie  .  salutem  in  omnium 
Saluatore  •  Nouerit  vniuersitas  vestra  quod  hodie  comparuit  coram  nobis  in 
judicio  honorabilis  vir  Adame  Otterburne  ab  Auldhame  •  prepositus  Edin- 
burgi  ac  aduocatus   excellentissimi    principis    domini    Jacobi    Dei    gratia 
Scotorum  Regis  illustrissimi  ac  eius  nominis  quinti  •  quandam  cartam  sine 
literas  excellentissimi  et  Christianissimi  principis  et  domini  Domini  Karoli 
eadem  gracia  Francorum  Regis  •  pergamino  scriptas  eius  sigillo  cera  viridi 
cum  cordulis  cericis  eiusdem  coloris  sigillatas  •  manu  sua  tenens  cum  ea 
qua    decuit  reuerencia  humiliter  exposuit  et  declarauit  quod  •  cum  idem 
supremus  dominus  noster  Rex  huiusmodi  literas  intendit  in  certis  judiciis 
et  extra  ostendere  illisque  uti  •  et  earundem  amissionem  vetustatem  per- 
dicionem  alienacionem  aut   ex  alio  casu  fortuito  destructionem  timeat  vt 
super  huiusmodi  Uteris  transsumptum  sine  transscriptum  cum  interposicione 
nostri    decreti    decerneremus  •  Nos    vero    officialis    predictus    attendens 
huiusmodi   supplicacionem  fore  iustam    et   rationi  consonam  ad  justitica- 
tionem  nostri  processus  literas  nostras   citatorias  sine   edictum  publicum 
eidem  Ade  Otterburne  ex  parte  dicti  supremi  domini  nostri  Regis  decreui- 
mus  •  in  quibus  seu  quo  omnes  et   singulos   sua  in  hac   parte  interesse 
habentes  seu  habere  putantes  ad  certum  peremptorium  terminum  videlicet 
octo  dierum  ad  comparendum  coram  nobis  die  date  presentium  loco  con- 
sistoriali  consueto  •  ad  audiendum  et  videndum  huiusmodi  literas  transsumi 
transscribi  et  in  publicam  transsumpti  formam  redigi   cum  interpositions 
nostri  decreti  •  necnon  ad  dicendum  contra  premissa  si  quid  voluerint  cum 
intimatione  vt  in  talibus  moris  est  •  In  quo  termino  sic  per  nos  statute  nobis- 
que  pro  tribunali  sedentibus  iterum  comparuit  dictus  Adam  •  et  huiusmodi 
literas  regias  atque  nostrum  edictum  citatorium  siue  nostras  literas  legitime 
executas  et  indorsatas  quarum  vigore  omnes  et  singulos  sua  interesse  ha- 
bentes seu  habere  putantes  citatos  vocatos  et  non  comparentes  contumaces 
accusauit  •  ipsosque  contumaces  prout  merito  erant  reputandi  reputari  •  atque 
in  pena  contumaciarum  suarum  huiusmodi  literas  regias  transsumendas  et 
transscribendas  cum  interposicione  nostri  decreti  decerni  et  declarari  •  in- 
stanter  petiit  et  postulauit  •  Nos  vero  Jacobus  officialis  predictus  omnes  et 
singulos  sic  citatos    et  vocatos   ac   non    comparentes  prout  merito    erant 
reputandi    contumaces   reputauimus  •  et    in   pena   contumaciarum   suarum 
huiusmodi  regias  literas  recepimus  tenuimus  inspeximus  et  diligenter  exa- 
minauimus  •  quas  sanas  et  integras  non  viciatas  non  cancellatas  non  rasas 


1.530.]  THE    PITTODRIE    PAPERS.  183 

non  abolitas  sed  omni  prorsus  vicio  et  suspicione  carere  reperimus  • 
quarum  sigilli  descriptio  talis  erat  ymago  regis  sedentis  in  sede  regali 
cum  corona  in  capite  et  sceptro  in  vtraque  manu  •  circumscriptio  erat  Si- 
ffillum  Karoli  Dei  gracia  Francorum  Bef/is  ordinatuvi  in  ahsencia  macjni  ■ 
quarumquidem  literarum  regiarum  de  uerbo  ad  uerbum  tenor  sequitur  et 
est  talis  •  Karolus  Dei  gracia  Francorum  Kex  •  Notum  facimus  vniuersis 
presentibus  et  futuris  ■  quod  nos  considerantes  longas  et  sinceras  amicicias 
et  confederaciones  inter  Cristianissimos  Reges  Francie  bone  memorie  prede- 
cessores  nostros  et  Reges  Scocie  illustrissimos  ac  regna  et  subditos  vtrorum- 
que  dudura  contractas  et  feliciter  conseruatas  •  ac  meraoriter  recolentes 
auxilia  fauores  et  succursus  nobis  prestitos  aduersus  vtrorumque  regni  com- 
munes hostes  per  Regem  regnum  et  subditos  Scocie  •  et  specialissime  atten- 
dentes  quod  excellentissimus  princeps  frater  ac  consanguineus  noster  caris- 
simus  Jacobus  Dei  gracia  Scotorum  Rex  et  nos  pariter  easdem  confedera- 
ciones ratificauimus  et  de  nouo  contraximus  super  eisdem  juramentum 
prestantes  •  easdem  etiam  sanguinis  appropinquacione  renouando  per  trac- 
tatum  matrimonii  inter  carissimum  primogenitum  nostrum  Ludouicum 
Delphinum  Viennensem  et  carissimam  filiam  nostram  Mergaretara  primo- 
genitam  eiusdem  fratris  nostri  inter  nos  concordati  et  compromissi  •  quod- 
que  idem  frater  antiquorum  hostium  nostrorum  communium  incursus 
necnon  aliquorum  subditorum  nostrorum  rebellionem  moleste  ferens  qui 
regnum  nostrum  vastantes  vsurpare  conantur  •  nobis  liberaliter  optulit  et 
promisit  auxilium  et  succursum  aduersus  predictos  hostes  et  rebelles 
ad  ipsorum  repulsionem  et  restauracionem  integram  dominii  nostri  •  mili- 
ciam  et  potentiam  regni  sui  ad  complementum  predictorum  in  armis  viri- 
liter  et  perseueranter  exponendo  •  et  suam  regiam  personam  si  opus  est  nos- 
tris  auxiliis  non  negando  •  prout  hec  omnia  per  suos  solempnes  %mbaxia- 
tores  nobis  exponi  fecit  ac  per  suas  literas  patentes  nobis  certificare  curauit 
et  plenius  per  eosdem  ambaxiatores  declarari  •  quod  nominatim  succursum 
sex  milium  hominum  nobis  destinabit  qui  aduersus  hostes  et  rebelles  nos- 
tros in  armis  fideliter  et  eiBcaciter  nobis  seruient  in  bellis  et  presidiis  et 
aliiis  juxta  ordinacionem  nostram  se  exponendo  -  quorum  occasione  pre- 
libatus  frater  noster  plura  incurrere  dampna  poterit  et  incommoda  patriam 
suam  guerre  et  obsides  quos  pro  redempcione  et  fiuaneia  suis  dimisit  in 
Anglia  periculis  exponendo  nichilominus  nobis  succurrere  non  obmittens 
quod  cum  magna  gratitudine  commemorandum  censemus  .  Nos  hiis  causis 
et  aliis  animum  nostrum  mouentibus  •  et  in  memoriara  predictorum  aliqualem 

2a 


184  THE    SPALDING   CLUB    MISCELLANY.  [1530. 

dictoruin  onerura  darapnorum  et  expensarum  quas  ad  causam  dicti  suc- 
sursus  faciei  atque  facit  recompensacionem  •  eidem  fratri  plena  potestate  et 
auctoritate  nostra  regia  damus  concedimus  ac  transportamus  per  presentes  • 
comitatum  nostrum  Xanctonensem  cum  castro  et  castellania  de  Rupe  Forti 
super  Carechonam  •  cum  portubus  maris  si  qui  sint  in  dicto  comitatu  et  aliis 
pertinenciis  et  appendenciis  eorundem  quibuscunque  •  Predictis  comitatu 
castro  et  castellania  tenendis  et  possidendis  perpetuo  per  dictum  fratrem 
nostrum  ac  heredes  suos  masculos  in  legitimo  matrimonio  ab  ipso  procreates 
aut  procreandos  Reges  et  successores  ac  eorum  heredes  masculos  ab  ipsis  in 
legitimo  matrimonio  et  in  recta  linea  procreatos  aut  procreandos  •  ac  per- 
cipiendis  et  leuandis  juribus  fructibus  et  emolumentis  quibuscunque  eorun- 
dem •  cum  honoribus  et  dignitatibus  dictis  dominiis  pertinentibus  •  homagium 
tantum  et  fidelitatem  ad  causam  predictorum  comitatus  et  castellanie  nobis 
debitos  ac  superioritatem  et  ressortum  et  regalie  nostre  jura  reseruantes  • 
quodquidem  homagium  sepefatus  frater  noster  faciet  fieri  per  propin- 
quiorem  sui  sanguinis  •  Dictique  comitatus  et  castellania  a  nobis  tenebuntur 
sub  ipsis  fidelitate  et  homagio  cum  honore  prerogatiuis  et  dignitatibus 
parium  Francie  •  et  quibus  ad  causam  predictorum  gaudebit  et  vtetur  eo 
modo  quo  carissimi  fratres  nostri  Rex  Sicilie  ad  causam  ducatus  Ande- 
gauie  •  et  dux  Aurelianensis  ad  causam  ducatus  Aurelianensis  •  et  sicut  alii 
tenentes  ut  pares  Francie  gaudere  solent  et  vtuntur  •  Quocirca  dilectis  et 
fidelibus  nostris  gentibus  presens  nostrum  tenentibus  et  que  futura  tenebunt 
parliamenta  •  gentibus  compotorum  nostrorum  •  senescallo  nostro  Xancto- 
nensi  •  ceterisque  justiciariis  et  ofEciariis  nostris  presentibus  et  futuris 
aut  eorum  locatenentibus  •  prout  ad  quemlibet  ipsorum  spectauerit  •  pre- 
sentium  serie  damus  in  mandatis  quatenus  premeraoratum  fratrem  nostrum 
aut  eius  procuratorera  pro  eo  ac  heredes  suos  ut  supra  designatur  pre- 
sentibus nostris  donatione  cessione  et  transportu  dictorum  comitatus 
castri  et  castellanie  •  in  possessionem  eorum  inducendo  eisdemque  vnacum 
fructibus  redditibus  et  emolumentis  pertinenciis  et  appendenciis  suis 
quibuscunque  necnon  predictis  honoribus  prerogatiuis  priuilegiis  et  digni- 
tatibus perpetuo  vti  et  gaudere  •  pacifice  faciant  et  paciantur  •  Quod  vt 
stabile  sit  atque  firmum  literas  nostras  presentes  sigilli  nostri  fecimus 
appensione  muniri  •  saluo  in  aliis  jure  nostro  et  in  omnibus  quolibet 
alieno  •  Datum  Caynone  mense  Nouembris  anno  Domini  mUlesimo  quad- 
ringentesimo  vicesimo  octauo  •  et  regni  nostri  septimo  •  sigillate  sigillo 
nostro  in  absencia  magni  ordinate  •  In  plica  post  sigilli  appensionem  sic 


1530.]  THE    PITTODKIE    PAPERS.  185 

scribebatur  •  Per  Regem  in  suo  magno  consilio  in  quo  vos  archiepiscopus 
Remensis  cancellarius  Episcopus  Sagiensis  dominus  de  Latirmolie  magnus 
cambellanus  domini  de  Tremis  et  de  Gancourt  eratis  •  Mallier  .  Quibusqui- 
dem  Uteris  regiis  sic  copiatis  transsumptis  et  exemplatis  nos  cum  dictis 
Uteris  originalibus  collacionem  fieri  feciraus  diligentem  quas  insimul  in 
omnibus  suis  terminis  verbis  et  dictionibus  concordare  reperimus  •  nil  addito 
vel  remoto  quod  facti  substantiam  mutaret  aut  intellectum  variaret  •  Igitur 
presentibus  nostris  literis  •  sine  presenti  transsumpto  vel  transscripto  •  tantam 
et  talem  fidem  consimilemque  vigorem  in  judiciis  et  extra  vbique  locorum  ad- 
hibendam  fore  et  adhibere  debere  ■  quanta  et  qualis  eisdem  literis  orio-inali- 
bus  adhiberetur  si  in  judiciis  et  extra  ostense  forent  seu  ostenderentur  ■  de- 
creuimus  et  decernimus  per  presentes  atque  per  interposicionem  nostri 
decreti  declaramus  •  presentesque  literas  ad  finem  et  effectum  huiusmodi 
publicauimus  •  In  quorum  omnium  et  singulorum  fidem  et  testimonium  pre- 
missorum  has  literas  nostras  fieri  fecimus  patentes  per  notarium  et  scribam 
curie  nostre  subscriptum  •  sigillique  offiicii  nostri  jussimus  et  fecimus  appen- 
sione  communiri  •  Datum  et  actum  apud  burgum  de  Edinburgh  Sancti 
Andree  diocesis  •  loco  residencie  nostre  consueto  ■  in  ecclesia  collegiata  beati 
Egidii  eiusdem  •  juxta  insulam  Sancti  Martini  •  nobis  inibi  pro  tribunali  se- 
dentibus  •  sub  anno  ab  incarnacione  Domini  secundum  computacionem 
ecclesie  Scoticane  millesimo  quingentesimo  tricesimo  •  mensis  vero  Marcii 
vicesimo  nono  •  indictione  tertia  •  pontificatus  sanctissimi  in  Cristo  patris 
et  domini  nostri  Domini  dementis  diuina  prouidentia  pape  septimi  anno 
septimo  •  bora  quasi  duodecima  ante  meridiem  •  Presentibus  ibidem  vener- 
abilibus  et  circumspectis  viris  magistris  Johanne  Wod  •  Jacobo  Carmure  • 
Willelrao  Johnsoun  •  domino  Alexandro  Scott  •  domino  Johanne  Faw  . 
domino  Matbeo  Symson  ■  Willelmo  Stevinsoun  •  et  Johanne  Cowttis  •  no- 
tariis  publicis  •  cum  diuersis  aliis  testibus  ad  premissa  vocatis  et  roo-atis  • 

Et  ego  Thomas  Mailwyne  presbyter  Sancti  Andree  diocesis  publicus 
salva  authoritate  apostolica  notarius  et  coram  dicto  domino  ofiiciali  in 
curia  predicta  scriba  •  quia  huiusmodi  literarum  originaHum  presentationi 
petitioni  citatorum  non  comparencium  contumacie  accusationi  dicti  domini 
judicis  decreto  interpositioni  ceterisque  premissis  omnibus  et  singulis  • 
dum  sic  vt  premittitur  dicerentur  agerentur  et  fierent  •  vnacum  prenominatis 
testibus  presens  personaliter  interfui  •  eaque  omnia  et  singula  sic  fieri  vidi 
sciui  et  audiui  ac  in  notam  cepi  •  ideoque  presentes  literas  siue  presens 
publicum  instrumentura  huiusmodi  literarum  regiarum  tenores  fideliter  con- 


186  THE    SPALDING    CLUB    MISCELLANY.  [1532. 

tinentes  siue  continens  exinde  confeci  •  et  in  liauc  publicam  transsumpti  for- 
mam  manu  aliena  me  aliis  occupato  negotiis  fideliter  scriptam  redegi  • 
signoque  et  nomine  meis  solitis  et  consuetis  vnacum  appensione  sigilli  oificii 
dicti  domini  officialis  de  mandate  eiusdem  signaui  rogatus  et  requisitus 
in  fidem  et  testimonium  veritatis  omnium  et  singulorum  premissorum  etc  • 


VIII. 

LETTER  OF  PROTECTION  AND  SAFEGUARD  BY  HENRY  VIII.,  KING 
OF  ENGLAND,  IN  FAVOUR  OF  JAMES,  BISHOP  OF  ROSS,  AND  SIR 
THOMAS  ERSKINE. 

Vniuersis  et  singulis  presentes  literas  inspecturis  nos  burgimagistri 
et  scabini  oppidi  de  Carapferis  in  partibus  Zeelandie  salutem  •  Nouerint 
vniuersi  nos  ■  dato  presentium  vltime  subscripto  •  vidisse  inspesisse  ac  dili- 
genter  examinasse  quasdam  patentes  literas  salui  conductus  concessas  per 
illustrissimum  et  prepotentem  Regem  Anglie  etc  •  sub  sigillo  sue  magno 
gannei  coloris  •  veras  integras  non  viciatas  non  cancellatas  sed  sanas  et  auc- 
tenticas  •  de  verbo  ad  verbum  in  se  continentes  vt  sequitur  •  Henricus  Oc- 
tauus  Dei  gracia  Anglie  et  Francie  Rex  fidei  defensor  et  dominus  Hibernie  - 
Vniuersis  et  singulis  admirallis  capitaneis  castellanis  et  eorum  locatenenti- 
hus  custodibus  portuum  maris  et  aliorum  locorum  maritimorum  ■  necnon 
vicecomitibus  maioribus  balliuis  constabulariis  et  aliis  officiaris  et  ministris 
nostris  quibuscunque  tam  per  terram  quam  per  mare  et  aquas  dulces  vbilibet 
constitutis  ad  quos  presentes  litere  peruenerint  •  Salutem  •  Sciatis  quod  nos  • 
ad  instanciam  et  speeialem  requisitionem  charissimi  consanguinei  fratris  et 
nepotis  nostri  Jacobi  Scotorum  Regis  ■  suscepimus  in  saluum  et  seeurum 
conductum  nostrum  ac  in  protectionem  tuicionem  et  defensionem  nostros 
speciales  •  reuerendum  in  Christo  patrem  Jacobum  episcopum  de  Rosse  ■  et 
Thomara  Erskin  de  Haltoun  militem  secretarium  dicti  Regis  Scotorum  •  in 
regnum  nostrum  Anglie  ac  alia  loca  jurisdictiones  et  territoria  nostra  que- 
cunque  •  cum  quadragintapersonis  in  comitiua  sua  vel  infra  ettotidem  equis  • 
nee  non  bonis  rebus  jocalibus  auro  et  argento  monetato  et  non  monetato 
bogeis  manticis  fardellis  Uteris  papiris  ac  aliis  rebus  jocalibus  et  hernesiis 
suis  Ileitis  quibuscunque  •  conjunctim  vel  diuisim  tam  per  terram  quam  per 
mare  et  aquas   dulces  equestre  vel  pedestre  sen  aliis  equitarijs   veniendo 


1532.]  THE    PITTODRIE    PAPERS.  187 

ibidem  nocte  dieque  morando  perhendinando  soiornando  conuersando, 
stando  et  expectaiido  •  ac  negocia  et  alia  agenda  sua  quecunque  ibidem 
faciendo  et  expediendo  •  Et  exinde  ad  quascunque  partes  exteras  tociens 
quociens  sibi  placuerit  •  durante  presenti  saluo  conductu  nostro  ■  transeundo 
reueniendo  et  redeundo  •  libere  et  absque  impedimento  impeticione  pertur- 
batione  molestacioue  arresto  sen  grauamine  quocunque  nostri  aut  officia- 
riorum  seu  ministrorum  nostrorum  quoruracunque  •  Et  ideo  vobis  et  cuili- 
bet  vestrum  mandamus  quod  ipsos  episcopum  et  Thomam  •  in  regnum  nos- 
trum predictum  ac  loca  predicta  •  cum  personis  equis  ac  cum  bonis  rebus 
jocalibus  auro  et  argento  monetato  et  non  monetato  bogeis  manticis  et 
fardellis  Uteris  papiris  ac  aliis  rebus  et  hernesiis  suis  predictis  •  per  terram 
mare  et  aquas  dulces  •  equestre  vel  pedestre  •  tociens  quociens  sibi  placuerit 
durante  presenti  saluo  conductu  nostro  •  veniendo  ibidem  morando  soiornan- 
do pernoctando  et  expectando  •  et  iterum  vt  predictum  est  ad  propria  re- 
deundo /  reuertendo  /  manuteneatis  protegatis  et  defendatis  •  non  inferentes 
eis  aut  eorum  alicui  •  seu  quantum  in  vobis  est  ab  aliis  inferri  permittentes  ■ 
injuriam  molestiam  dampnura  impedimentum  aliquod  seu  grauamen  •  et 
siquid  eis  aut  eorum  alicui  forisfactum  sine  injuriatum  fuerit  id  eis  et  eorum 
cuilibet  sine  dilatione  debite  corrigi  et  reforniari  faciatis  ■  Prouiso  semper 
quod  ipsi  episcopus  et  Thomas  ac  secum  coniitantes  se  bene  et  honeste 
erga  nos  et  cunctum  populum  nostrum  habeant  et  gerant  •  absque  quicquid 
quod  in  nostrum  prejudicium  sine  contemptum  •  aut  populi  nostri  predicti 
dampnum  seu  grauamen  •  cedere  valeat  faciendo  vel  attemptando  •  Prouiso 
etiam  quod  si  contingat  aliquem  ipsorum  presentem  nostrum  saluum  conductum 
nostrum  infringere  nolumus  tamen  alicui  dictum  saluum  conductum  nostrum 
minime  infringenti  aliquod  dampnum  seu  prejudicium  asscribi  siue  inferri 
sed  illi  vel  illis  sic  infringenti  vel  infringentibus  •  In  cuius  rej  testimonium 
presentibus  Uteris  nostris  magnum  sigillum  nostrum  apponi  fecimus  per 
vnum  annum  integrum  proxime  futurum  duraturis  ■  Teste  me  ipso  apud 
Westmonasterium  duodecimo  die  Marcii  •  anno  regni  nostri  vicesimo  tercio  ■ 
Subscriptum  in  margine  inferiori  •  PexsafF  •  Et  quia  nos  burgimagistri  et 
scabini  predicti  inuenimus  predictas  literas  cum  eorum  sigillo  veras  integras 
non  viciatas  •  et  cum  presentibus  in  substancia  et  de  verbo  ad  verbum  con- 
cordantes  •  hinc  est  quod  in  robur  et  fidera  omnium  premissorum  sigillum  ad 
causas  predicti  oppidi  nostri  de  Campferis  his  appendi  fecimus  ■  sexta  die 
Nouembris  •  anno  ab  incarnatione  Domini  nostri  Jhesu  Christi  raillesimo 
quingentesimo  tricesimo  secundo  • 


188  THE    SPALDING   CLUB    MISCELLANY.  [1534. 

IX. 

LETTER  OF  GIFT  BY  KING  JAMES  V.  TO  SIR  THOMAS  ERSKINE. 

Rex  • 

We  havand  consideratioun  that  at  oui"e  desire  Schir  Thomas  Erskin 
of  Brechin  knycht  our  secretar  hes  renuncit  and  gevin  owr  his  heretabill 
o-ift  of  the  keping  of  our  castell  of  Temptalloun  and  of  the  landis  of  the 
samyn  to  be  disponit  and  gevin  be  ws  to  James  Stewart  oure  eldest  sone 
naturale  •  And  inlikewiss  vegardand  the  grete  coist  and  expenssis  maid  be 
the  said  Schir  Thomas  this  trublus  tyme  bipast  at  oure  command  on  the 
suyre  keping  strenthing  and  reparing  of  oure  said  castell  •  fFor  the  quhilkis 
caussis  abone  writtin  /  and  in  party  for  recompens  of  his  reward  for  his  lang 
and  gude  seruice  done  to  ws  /  We  gaif  oure  wrytingis  vnder  oure  signete  to 
the  said  Schir  Thomas  that  we  suld  infeft  him  heretabli  in  twa  hundreth 
merkis  worth  of  land  or  we  disponit  vponne  our  said  castell  and  landis  of 
Temptalloun  or  dischargeit  his  rycht  therof  .  Thairfore  now  baith  movit 
of  conscience  and  for  conseruatioun  of  our  honour  recompensis  and  satifeis 
him  as  foUowis  •  that  is  to  say  •  We  be  the  tenour  heirof  with  auiss  of  our 
comptrollar  and  ane  parte  of  oure  counsale  gevis  and  assignis  to  the  said 
Schir  Thomas  his  aires  and  assignayis  the  sovme  of  twa  hundreth  pundis 
money  of  oure  realme  •  of  oure  fewis  and  malis  of  oure  landis  and  lordschip 
of  Brechin  and  Nawer  •  yeirlie  for  the  space  of  five  yeris  •  begynnand  at  the 
feist  of  Martymes  in  the  yeir  of  God  j™-  V-  thretty  thre  yeris  includand 
the  said  terme  therin  and  to  indure  continualy  and  togidder  during  the  said 
five  yeris  •  Chargeing  heirfore  oure  comptrollare  and  auditouris  of  oure 
chekker  being  for  the  tyme  to  allow  yeirlie  to  the  said  Schir  Thomas  his 
airis  and  assignays  the  said  sovme  of  twa  hundreth  pundis  thankfully  and 
without  impediment  quhatsumeuir  induring  the  space  abone  writtin  .  thir 
oure  letteris  of  gift  and  assignatioun  beand  anys  producit  and  schawin  be- 
fore the  saidis  auditouris  vpon  compt  in  our  chekker  and  registrate  in  our 
rollis  therof  as  efferis  •  And  attoure  •  becaus  the  said  Schir  Thomas  hes  at 
oure  command  maid  large  coist  and  expenssis  vpoune  the  iugetting  of 
diueris  partis  of  oure  saidis  landis  and  lordschip  of  Brechin  disponit  of 
before  to  vtheris  •  and  siclyk  hes  maid  and  daly  makand  grete  coist  and  ex- 
penssis vpon  bigging  and  vther  policy  for  oure  plesour  and  aiesment  at  our 


1538.]  THE    PITTODKIE    PAPERS.  189 

resorting  and  cummyng  in  tha  partis  •  Thairfore  and  for  the  vtheris  caussis 
abone  writtin  we  be  the  tenour  of  thir  presentis  promittis  faithfully  to 
him  and  his  airis  that  •  at  oure  first  parliament  eftir  oure  perfite  age  of 
twenty  five  yeris  •  sail  mak  thame  sicker  in  the  best  forme  that  can  be 
deuisit  of  the  set  and  fewferme  he  hes  of  oure  saidis  landis  and  lordschip 
of  Brechin  and  Nawer  •  for  gude  and  suyre  payment  making  of  oure  fewis 
raalis  and  dewiteis  therof  conforme  to  oure  last  and  hieast  rentale  with  the 
augmentatioun  of  the  samyn  •  and  sail  that  ilk  tyme  mak  the  said  Schir 
Thomas  and  his  airis  sicker  to  be  dischargeit  heretabli  of  the  soume  of  fifty 
merkis  yeirlie  of  our  fewis  and  mails  of  our  saidis  landis  and  lordschippis  / 
or  sail  mak  thame  to  haue  the  remanent  of  our  saidis  landis  and  lordschipis 
in  few  ferme  and  heretage  hale  togidder  /  payand  therfore  conforme  to  oure 
rentale  and  as  he  does  for  the  laif  therof  ■  Gevin  vnder  oure  signete  and 
subscriuit  be  ws  and  oure  said  comptroUare  •  at  Edinburgh  the  xxiij  day  of 
Februare  •  the  yeir  of  God  j""-  V^-  thretty  and  iiij  yeris  •  and  of  oure  regnne 
the  xxij  yere  • 

Jambs  R  • 


SIGNATURE  OF  THE  SHERIFFSHIP  OF  FIFE,  BY  KING  JAMES  V., 
IN  FAVOUR  OF  JOHN  LORD  LINDSAY  OF  THE  BYRES. 

Our  Souerane  Lord  •  now  at  his  perfytt  age  of  xxv  yeris  complete  •  or-  signett 
danis  ane  charter  to  be  mad  under  his  grete  seill  in  dew  forme  to  his  schirrelschii) 
louitt  cousing  Johnne  Lord   Lindesay  of  the  Byris  of  the  heretabill  gyft  the  Lord 
of  office  of  schirrefship  of  the  schirefdome  of  Fyff  •  for  vsing  and  exerceino-  Lindsay, 
of  the  quhilk  office  oure   Souerane  Lord  gevis   and   grantis  to  the  said 
Johnne  and  his  airis  all  feis  and  dewiteis  aucht  and  wont  and  lik  as  ony 
vthir  had  tharefore  in  tymes  bipast  •  with  power  to  thame  schireif  courte  or 
Courtis  of  the  said  schirefdome  of  Fyif  to  sett  begyne  aflSrme  bald  and 
continew  als  oft  as  neid  beis  •  soittis  to  mak  be  callit  ■  absentis  to  amerchiat  • 
trespassouris  to  pvniss  •  vnlawis  amerciamentis  and  eschetis  of  the  said 
schiref  courtis  to  raise  vplift  and  to  oure  Souerane  Lords  vse  apply  and 
inbring  •  and  for  the  samyn  gif  need  be  to  poind  and  distrinze  and  to  tak  • 
iustice  in  all  causis  criminale   and  ciuile  pertening  to  the  said  office  to 


190  THE    SPALDING   CLUB    MISCELLANY.  [15 

exerce  acording  to  the  law  •  all  maner  of  brevis  letteris  extractis  of  airis 
preceptis  or  vther  chargeis  to  thame  direct  to  ressaue  oppin  and  execute  • 
deputis  ane  or  ma  in  the  said  office  vnder  thame  to  mak  and  substitute  • 
and  to  creat  and  cause  be  sworne  clerkis  seriandis  dempsteris  ana  all 
vthir  officiariis  and  membris  of  courte  neidful  for  the  quhilkis  the  said 
lord  and  his  airis  salbe  haldin  to  ansuer  •  To  be  haldin  and  to  be  had  the 
said  office  of  schireffschip  with  all  feis  and  dewiteis  aucht  and  wont 
thareof  to  the  said  Johnne  and  his  airis  of  oure  Souerane  Lord  and  his 
successouris  in  fee  and  heretage  for  euir  with  all  and  sindry  commoditeis 
fredomes  etc  •  frelie  quietlie  etc  ■  but  ony  reuocatioun  etc  ■  and  that  pre- 
ceptis be  direct  ordourelie  hereupoun  with  extensioun  of  all  clausses  neid- 
full  •  and  with  command  in  the  samyn  to  all  and  sindry  oure  Souerane 
Lordis  lieges  and  vtheris  quam  it  efferis  to  ansuer  and  obey  to  the  said 
lord  and  his  airis  thare  deputis  and  officiariis  in  vsing  and  exercing  of  the 
said  office  and  all  thingis  concerning  the  samyn  and  to  nane  vtheris  vnder 
all  pane  etc  ■  Subscriuit  be  our  Souerane  Lord  •  at  Falkland  the  xiiij  day 
cf  December  the  yeir  of  God  j""-  v^-  xxxviij  yeris  • 

James  R 

In  dorso  •  Secretar  •  Ve  charge  you  incontinent  signet  the  letter  maid 
on  this  signatour  with  the  signet  ye  kep  your  self  and  kep  this  signatour 
that  na  persoun  get  knawlege  tharof  quhil  we  think  tym  it  be  diwlgat  and 
gat  the  infeftment  throw  the  remanent  of  our  sells  •  subscrivit  with  our 
hand  at  Edinburgh  the  thrid  day  of  Januer  and  of  our  regno  the  xxvi 
yer  •  and  that  ye  signet  the  said  letter  nochtwithstanding  that  it  is  nocht 
subscrivit  be  our  thesaurar  • 

James  R  • 


CREDENCE  TO  BE    SCHAWIN    TO    THE    DUK    OF    ALBANYE    IN    OUR 
BEHALF  [JAMES  V.]  BE  OUR  SECRETAIR  [SIR  THOMAS  ERSKINE]. 

In  the  first  •  efter  our  rycht  harty  commendationis  •  ye  sel  schaw  that  we 
havand  in  remembrance  the  proximitie  of  bluid  betuix  ws  the  guid  mynd 
our  cousing  hes  born  ws  at  al  tymis  for  our  honour  veil  of  our  persoun  and 


15 ]  THE    PITTODRIE    PAPERS.  191 

realme  /  as  hes  bein  kend  be  his  notable  ackis  and  guid  consaile  at  diuerse 
tymes  /  Quhairfor  expedient  and  necessair  we  thocht  presentlye  be  the 
avice  of  our  consaile  til  commit  til  our  said  cousing  al  our  grit  affaris  in 
the  partis  of  France  and  Italic  to  be  orderit  and  pit  to  guid  effect  in  al 
poinctis  conform  tyl  sic  commissions  instructionis  and  credence  com- 
mittit  tyl  you  in  tba  behalvis  •  traistand  that  he  sel  applye  his  diligent  laboris 
thairin  at  his  vter  powir  nocht  sparand  his  person  nor  substance  lyke  as  he 
hes  oft  and  diuerse  tymis  offerit  tyl  ws  in  tymes  bypast  •  and  the  rather  be- 
cause he  knawis  quhat  'point  of  necessite  we  stand  in  presentlye  be  sic  evil 
auisit  persons  as  he  knawis  had  the  gyding  of  ws  and  our  realme  in  this 
our  les  aige  and  sen  his  departing  furtht  of  Scotland- 

Item  secundly  ye  sel  schaw  our  said  cousing  sic  commissions  and 
credence  committit  to  you  in  diuerse  sortis  for  aventuris  as  mycht  happin 
and  that  nain  be  vsit  bot  sic  as  he  thinkis  expedient  •  Prouiding  alvays  that 
the  samyn  be  efter  sic  instructions  and  credence  gevin  you  and  that  ye 
desir  the  credence  to  be  schawin  quhilkis  ver  send  til  ws  vyth  Vilyem 
Stuart  and  Gerard  Lyon  his  secretair  or  ye  pas  to  this  effect  of  your 
commissions  ■  to  the  entent  that  al  our  affaris  be  orderit  and  dressit  the  better 
and  conform  tyl  our  mynd  ■  And  efter  our  said  cousing  hes  auisit  ryply 
vyth  you  on  al  materis  and  bein  veil  informit  of  the  sammyn  ye  sel  pre- 
sent our  letteris  of  credence  tyl  our  brothir  and  confiderat  the  Kyng  of 
France  at  sic  tym  and  place  as  our  said  cousing  thinks  maist  expedient  for 
the  best  and  haistiast  dressing  of  all  our  affairis  •  and  thairefter  that  al  guid 
persuacions  and  resonynge  be  vsit  to  cause  our  said  brother  and  his  con- 
saile onderstand  the  kynd  and  trew  part  kepit  be  ws  and  our  predicessuris 
to  our  said  brother  and  his  predicessures  on  our  syd  •  and  that  yit  as  of  be- 
foir  our  mynd  is  to  continow  and  nocht  to  declin  thairfra  be  na  vay  vvthout 
the  fait  be  in  our  said  brother  •  as  at  grit  lenht  is  conteinit  in  the  credence 
to  be  schawin  to  him  in  our  naim  • 

Thridly  ve  desir  glf  our  cusing  and  ye  pas  haistely  to  the  partis  of 
Italie  that  our  cusing  vil  mak  deligence  and  labour  in  ane  honest  maner  that 
ve  be  supportit  or  his  depairting  /  of  part  of  smal  artailyerye  powdir  and 
siluer  veschel  and  sic  othir  smal  thingis  as  ye  sel  schaw  to  our  said  cousin"' 
quhairof  thair  is  mair  than  mister  •  And  gif  sic  thingis  can  nocht  be  had 
of  our  brother  ye  sel  desir  that  our  said  cousing  support  ws  of  ])art  of  fur- 
nissing  maist  necessair  for  ws  /  and  as  he  may  esalye  on  to  the  tym  ve  ma 
recompense  him  thair  foir  • 

2b 


192  THE    SPALDING    CLUB    MISCELLANY.  [15 — 

Finalye  and  last  of  al  ye  sel  schaw  our  said  cousing  that  conform  tyl 
our  vritingis  our  mynd  is  hall  that  he  geif  you  ferm  credence  as  to  our  self 
and  that  he  do  na  raaner  of  thing  in  al  our  affaris  hot  be  your  avyss  becauss 
ye  ar  informit  thairin  largely  be  ws  and  our  consal  and  veil  instruckit 
in  euery  behalf- 

This  is  the  actentik  copie  of  the  Kingis  gracis  credence  gevin  to  Schir 
Thomas  Erskyne  of  Haltoun  his  gracis  secretair  /  to  be  schawin  to  the  Dak 
of  Albanye  etc- 

Lamb  •  etc  • 


KING  JAMES  V.  TO  THE  DUKE  OF  ALBANY. 

Derrest  and  best  belouit  cousing  •  We  recommend  ws  on  to  you  in  oure 
rycht  hartly  maner  •  ye  sel  onderstand  we  hef  presently  direckit  attouart  our 
brother  and  confiderat  the  Kyng  of  France  and  you  our  traist  consalour 
Maister  Thomas  Erskyne  of  Haltoune  •  our  principal  secretair  •  conform 
tyl  our  othyr  vritingis  past  of  befoir  well  instruckit  be  aviss  of  our  consel 
of  our  hail  mynd  in  euery  behalf  and  vyth  sic  commissions  instructions 
and  credence  in  diuerss  sortis  as  is  expedient  and  necessaire  for  al  our  grit 
affares  in  the  partis  of  France  and  Italie  •  prayand  you  derest  cousing  at  ye 
o-eif  ferm  credence  tyl  our  said  secretaire  as  to  our  self  in  al  sic  thingis  as  he 
hes  in  charge  of  ws  at  this  tym  •  And  albeit  ye  ver  absent  at  the  dressing 
of  thir  our  grit  materis  we  traist  thai  ar  ordorit  in  the  best  sorte  and  alss 
conform  to  your  consail  and  adwice  as  is  possible  as  at  grit  lenht  our  said 
secretair  wil  inform  yow  •  Exortand  you  derrest  uncle  rycht  ardently  that 
ye  half  you  in  al  thir  our  affaris  conform  tyl  the  instructions  and  credence 
to  be  opinnit  to  you  be  our  said  secretair  and  on  na  maner  of  vay  that  ye 
pass  by  the  sammyn  for  your  awin  honour  the  grit  veil  of  ws  and  our  realme  • 
and  at  ye  haif  his  aduice  and  consent  in  al  sik  thingis  as  ye  intend  to  pit  tyl 
exicutioun  •  noucht  doutand  bot  ye  sel  haif  yow  thair  in  /  tyl  our  grit  honour 
veil  and  pleseir  considerand  our  traist  is  sa  mekyl  in  to  you  at  this  tym 
committing  you  als  large  powir  in  our  saidis  grit  materis  as  may  be  grantit 
Ivk  as  sel  appeir  to  you  be  our  said  secretaire  •  traist  cousing  we  pray 


r-^/,    

'    J 


75  '^Jgys^  ,^ 


15 ]  THE    PITTODRIE    PAPERS.  193 

eternal  God  haw  you  evyr  in  gouuernance  •  Gevin   onder  oure  signet  at 
our  castel  of  Striueling  the  thrid  day  of  Aprile  ■ 

Vostre  cosing 

James  R • 

This  is  the  attentike  copye  of  the  Kyngis  gracis  lettre  presentit  to  my 
Lord  Due  of  Albanye  etc  ■  be  Schir  Thomas  Erskyn  of  Haltoun  knycht 
secretaire  and  ambassatour  for  the  saidis  Kingis  grace  of  Scotland  to  the 
maist  Cristin  Kyng  of  France  etc  • 

Lamb  •  etc- 


XIII. 

KING  JAMES  V.  TO  SIR   THOMAS  ERSKINE. 

Secretar  •  I  commend  me  rycht  hartly  to  yew  and  weit   ye  that  it  is  The  Kingis 
murmuryt  hyr  that  ye  sould  a  spolkyn  with  Gorge  and  Archebald  Dougles  j'^^"'^'" '°  ^"" 
in  Ingland  [  ]    quhylk  wase  again  my  command  and  your  promys  Erskyne. 

quhan  we  departyt  •  And  mayre  atouyer  the  cuntre  sayes  that  ye  weyll 
tayk  sylver  to  put  by  my  matrys  quhylk  I  besyk  yow  to  scbaw  yow  lyk  ane 
gud  treu  servand  to  me  at  thes  tym  consyderant  that  I  gawyf  my  materyis 
and  credeynsce  to  na  vder  man  bot  to  yow  and  be  ane  gud  servand  and  ger 
thaim  He  and  ye  sail  want  na  thyng  and  bher  yow  honesly  and  stoute  and 
tayk  na  feyr  of  na  thyng  and  be  nocht  varyand  and  at  your  cummyng  wyll 
God  ye  and  all  yowrys  sail  thynk  it  weyll  waryt  •  And  prayeng  yow  to  tayk 
thes  in  [  ]  for  ye  beand  ane  gud  servand  and  lelle  and  trow  to  me  I 

sail  be  ane  gud  tru  and  constant  maister  to  yow  for  and  I  had  nocht  re- 
membred  me  rycht  on  the  gud  servyce  that  ye  have  doun  to  me  I  had  nocht 
schawyn  yow  that  I  herd  spolkyn  for  do  to  your  avyn  honor  for  I  sail 
never  trow  ille  one  to  the  tym  that  I  se  the  contrayre  •  And  remember  on 
thes  that  I  haue  writyn  to  yow  and  apon  all  vther  ray  erandyss  nocht- 
elleyss  bot  God  kyep  yow  •  At  Edynburghe  the  xiiij  day  of  May  • 

Youris 

James  R« 


194  THE    SPALDING    CI.UB    MISCELLANY.  [1539. 


KING  JAMES  V.  TO  THE  CHANCELLOR,  PRESIDENT,  AND  LORDS  OF 
COUNCIL. 

James  be  the  grace  of  God  King  of  Scottis  ■  To  oure  chancellare  presi- 
dent and  lordis  of  cure  counsale  keparis  of  oure  priue  grete  and  quarter 
sells  and  all  and  sindry  our  ofEciariis  schireffis  jugeis  and  ministeris  of 
law  spirituale  and  temporale  to  quliom  oure  lettres  vnder  our  signete  sal 
happin  to  be  direct  •  greting  •  Forsamekle  as  laitlie  the  leist  of  oure  small 
sio-netis  is  stollin  or  rekleslie  tynt  /  quhilk  may  be  vsit  be  the  havaris  and 
concelaris  therof  to  the  grete  skaith  hurt  and  preiudice  of  ws  and  our 
lieo-iis  D-if  haisty  remeid  wer  nocht  providit  ■  Oure  will  is  heirfore  and  we 
charo-e  you  straitlie  and  commandis  that  incontinent  thir  oure  lettres  sene 
ye  pass  and  be  opin  proclamatioun  at  the  mercat  croce  of  our  burgh  of 
Edinburo-h  and  all  vtheris  burrowis  and  places  neidfull  within  oure  realme 
in  our  name  and  autorite  cry  doun  and  discharge  the  said  signete  •  And  com- 
mand and  charge  all  and  sindry  havaris  concelaris  and  withhaldaris  therof 
or  that  knawis  or  sal  happin  to  knaw  in  quhais  handis  the  samin  is  that 
thai  with  all  possible  diligence  cum  to  ws  or  our  secretar  in  oure  name 
and  reveill  the  samyn  vnder  the  pane  of  treasoun  /  quhilkis  revelaris  salbe 
wele  rewardit  thairfore  /  and  the  havaris  and  concelaris  therof  punyst  with 
rio-our  as  eiferis  /  Gevin  at  Linlithgow  the  vj  day  of  Marche  and  of  oure 
regnne  the  xxvj  yere  • 

James  Rex- 

In  dorso  •  Apoun  the  tent  day  of  Marche  the  yere  of  God  j"-  v<^-  and 
xxxviij  yeris  I  Johnne  Peiduvyne  massir  past  at  the  command  of  thir 
our  Souerane  Lordis  lettres  to  the  mercat  cross  of  the  burght  of  Edin- 
buro-ht  and  thair  be  oppin  proclamatioun  in  oure  Souerane  Lordis  name 
and  auctorite  cryit  doun  and  dischargit  the  signet  within  writtin  •  And 
commandit  and  chargit  all  and  sindry  havaris  concelaris  and  withhaldaris 
therof  or  that  knawis  or  salhappin  to  knaw  /  in  quhais  handis  the  samyn  is  / 
that  thai  with  all  possible  diligence  cum  to  oure  said  Souerane  Lord  or 
his  secretar  in  his  name  and  reveill  the  samyn  vnder  the  pane  of  tres- 
soun  •  Quhilkis    revelaris    salbe   wele   rewardit  therfor   and    the   havaris 


1542.]  THE    PITTODRIE    PAPERS.  195 

and  concellaris  therof  pvnist  with  rigour  as  eiferis  •  efter  the  forme  and 
tennour  of  thir  our  Souerane  Lordis  letteris  •  This  I  did  befor  thir  wit- 
nesses Johnne  Purves  •  George  Leithe  •  Johnne  Litill  •  Williame  An- 
dersoun  •  George  Kyle  •  Thomas  Arnote  .  and  Johnne  Young  .  burgessis 
of  Edinburgh  •  with  vtheris  diuerss  •  And  for  the  mair  witnessing  to  this 
my  indorsing  my  signet  is  affixt  • 


XV. 
LETTER  FROM  KING  JAMES  V.  TO  SIR  THOMAS  ERSKINE. 

Rex- 

Secretar  and  your  deputis  •  It  is  our  will  and  we  charge  yow  that 
incontinent  efter  the  sicht  heirof  ye  signete  the  gift  of  the  lordschip  of 
Menteith  with  the  castell  therof  and  their  pertinentis  to  our  deirest  fallow 
the  Queue  nochtwithstanding  that  it  is  nocht  subscriuit  bot  be  ws  alanerly  / 
nor  nocht  with  our  thesaurar  and  his  clerk  nor  put  in  thair  bukis  '  Sub- 
scriuit with  our  hand  at  Striviling  the  xiij  day  of  Aprile  and  of  our 
regnne  the  xxix  yere  • 

James  R- 


XVI. 


LETTER  FROM  KING  JAMES  V.  ORDAINING  A  CHARTER  TO  BE  MADE 
IN  FAVOUR  OF  MARY,  HIS  QUEEN,  OF  THE  LORDSHIP  OF  MEN- 
TEITH AND  OTHERS. 

Oure  Souerane  Lord  •  for  speciale  fauoure  and  lufe  that  he  beris  to  his 
derrest  fallow  Marie  Quene  of  Scotland  •  ordanis  ane  charter  off  lyfrent  to 
be  maid  to  hir  in  dew  forme  vnder  his  grete  sele  off  the  gift  of  all  and 
sindry  his  landis  and  lordschip  of  Menteith  and  of  the  castell  of  Downe 
and  manys  of  the  sammyn  with  tennentis  tennendryis  and  seruice  of  fre 
tennentis  therof  and  thare  pertinentis  lyand  within  the  schirefdome  of 
Perth  for  all  the  days  of  hir  lyfe  to  the  supportatioun  of  bying  of  certane 


196  THE    SPALDING    CLUB    MISCELLANY.  [1542. 

small  thingis  to  hir  proper  vse  /  Haldand  and  to  be  had  all  and  sindry  the 
saidis  landis  and  lordschip  of  Menteith  with  the  castell  and  manys  of 
Downe  forsaidis  tennentis  tennendryis  and  seruice  of  fre  tennentis  therof 
and  thare  pertinentis  to  his  said  derrest  fallow  in  lyfrent  for  all  the  days  of 
hir  lyfe  off  our  said  Souerane  Lord  and  his  successouris  Kingis  of  Scotland  . 
Be  all  rycht  merchis  and  diuisys  as  the  samyn  lyis  in  lenth  and  braid  with 
woddis  planys  etc  ■  mylnys  multuris  etc  ■  balking  hunting  fisehing  etc  ■ 
with  court  plain  etc  ■  hereyeld  merchete  bludwete  etc  •  vnlawis  amercia- 
mentis  and  eschetis  of  the  saidis  courtis  etc  ■  with  all  and  sindry  vthir 
commoditeis  and  fredomes  etc  ■  frelie,  quietlie  etc  ■  without  reuocatioun  or 
aganecalling  etc  ■  And  ordanis  the  said  charter  to  be  extendit  in  the  best 
and  maist  ample  forme  with  extensioun  of  all  clausis  neidfull  .  and  that 
preceptis  be  direct  ordourelie  herupon  as  efferis  •  Subscriuit  be  cure  said 
Souerane  Lord  at  Striueling  the  xiij  day  of  Aprile  the  yere  of  God  j™-  V- 
and  xlij  yeris  • 

James  Rex- 


XVII. 
LETTER  OF  GIFT  BY  JAMES  V.  IN  FAVOUR  OF  SIR  THOMAS  ERSKINE. 

Rex  • 

Eschet  We  be  the  tenour  of  tbir  presentis  giffis  and  grantis  to  our  louit 

Charles  Ful-  familiar  and  counsalour  Schir  Thomas  Erskin  of  Brechin  knycht  oure 
29 Nov.  1542.  secretar  his  airis  and  assignayis  ane  or  ma  ■  our  escheate  of  all  landis 
heretageis  lifrentis  takkis  stedingis  obligationis  sovmes  of  money 
jewellis  actis  contractis  and  gudis  movable  and  vnmovable  quhatsumeuir  / 
quhilkis  pertenit  to  Charlis  Fullartoun  portionar  of  Cragy  of  before  /  and 
now  pertening  or  ony  wise  sal  happin  or  may  pertene  to  ws  be  reasoun 
of  escheate  throw  his  tresonable  byding  and  remaning  fra  our  oist  and 
army  cumand  towart  Lauder  the  xx  day  of  November  instant  /  and  thereftir 
with  ws  to  Peblis  and  our  west  bordouris  for  defens  of  our  realm  and 
resisting  of  our  inymyis  of  Ingland  incontrar  the  command  of  our  vttir 
letteris  proclamationis  and  chargeis  past  thairupoun  incurrand  the  panis 
contenit  in  the  samyn  ■  With  power  to  the  saidis  Schir  Thomas  bis  airis  and 
assignais  to  intromet  with  the  saidis  landis  heretageis  lifrentis  takkis  and 
stedingis  /  and  to  tak  vp  the  sadis  escheate  gudis  and  dettis  quhaireuir  thai 


1,543.]  THE    I'lTTODRIE    PAPERS.  197 

may  be  apprehendit  at  ther  avne  hand  and  to  dispone  theron  at  ther  pie- 
sour  •  And  to  occupy  the  saidls  landis  heretageis  Hfrentis  takkis  and 
stedingis  with  ther  avne  gudis  or  to  set  thame  to  tenentis  as  they  sail  think 
niaist  expedient  •  with  fre  ische  and  entre  and  with  all  and  sindrie  commo- 
diteis  fredomes  aslamentis  and  richtuis  pertinentis  quhatsumeuir  pertening 
or  ony  maner  of  way  may  pertene  therto  frelie  quietlie  wele  and  in 
peace  but  ony  reuocatioun  obstacle  impediment  or  aganecalling  quhat- 
sumeuir •  nochtwithstanding  our  generale  act  laitlie  maid  at  our  command 
that  the  escheats  of  na  personis  remanand  fra  our  oistis  and  armyis  suld  be 
gevin  to  ony  private  personis  •  to  the  quhilk  we  mak  derogatioun  be  thir 
presentis  •  Gevin  vndir  our  signete  and  subscriuit  with  oure  hand  at 
Edinburgh  the  penult  day  of  November  the  yeir  of  God  j"-  v<^-  xlij  yeris  ■ 
and  of  oure  regnne  the  xxx  yeire  • 

James  R- 


XVIII. 
LETTER  FROM  THE  REGENT  ARRAN  TO   SIR   THOMAS  ERSKINE. 

Secretar  •  It  is  oure  will  and  we  charge  you  that  incontinent  eftir  the 
sicht  heirof  ye  deliuer  to  oure  louit  Archibald  Douglas  of  Glenbervy  the 
charter  vndir  the  grete  sele  and  precept  of  sesing  past  therupoun  of  his 
landis  and  barony  of  Glenbervy  deliuerit  to  you  in  keping  be  vmquhile 
oure  Souerane  Lord  that  last  decessit  of  gude  mynd  quham  God  assoilze  • 
as  ye  will  ansuer  to  ws  therupoun  kepand  this  oure  writing  for  your  war- 
rand  •  Subscriuit  with  oure  hand  at  Edinburche  the  tent  day  of  Januar  the 
yeir  of  God  j°-  v<^-  xlij  yeris  ■ 

James  G  • 

XIX. 

ORDER  BY  THE  REGENT  ARRAN  TO  SIR  THOMAS  ERSKINE. 

Gubernator . 

Welbelouit  freind  we  grete  you  wele  •  Forsamekill  as  we  Command  u 
send  oure  louit  familiar  seruitor  Williame  Wod  of  Bonnyntoun  to  vou  to  ''^'yver  the 

*  *  pnntrnpf  lid- 


198  THE    SPALDING    CLUB    MISCELLANY.  [1543. 

tuixt  his  Ma-  require  you  to  deliuer  to  him  in  our  name  all  writingis  and  contractis  maid 
jestie  and  Erll  [jg^u^x  vmquhile  Dauid  erle  of  Craufurd  that  last  desessit  and  Dauid 
I  Au2-.  1343.  Lindesay  of  Edzell  /  and  ye  confessit  that  ye  had  ane  contract  maid  betuix 
oure  Souerane  Lord  quham  God  assoilyze  and  the  said  Dauid  and  wald 
nocht  deliuer  the  samyn  to  the  said  Williame  in  our  name  bot  promittit 
to  keip  the  samin  ■  Oure  will  is  heirfore  and  we  charge  you  that  incon- 
tinent efter  the  sicht  heirof  ye  deliuer  to  the  said  Williame  in  the  Quenis 
grace  name  and  ouris  the  said  contract  and  all  otheris  contractis  euiden- 
tis  and  writingis  ye  haue  concernyng  hir  grace  and  ws  or  ellis  bring  the 
samin  to  ws  your  self  /  and  on  na  wise  depart  furth  of  this  realme  vnto  the 
tyme  ye  do  the  premisses  be  vertew  of  the  licence  grantit  to  you  •  as  ye 
will  answer  to  ws  theirupoun  at  youre  vtir  charge  •  Subscriuit  with  oure 
hand  and  vnder  oure  signet  at  Edinburgh  the  first  day  of  August  the 
yeir  of  God  j™-  V-  xliij  yeris  • 

James  G- 


XX. 

LETTER  FROM  THE  REGENT  ARRAN  TO  SIR  THOMAS  ERSKINE. 

Gubernator . 

Traist  freind  we  commend  ws  to  yow  .  We  wrait  to  yow 
afore  for  the  contract  maid  be  the  Larde  of  Egzell  that  he  maid  to  the  Kingis 
grace  or  he  gat  resignatioun  of  the  landis  of  Crawfurd  /  and  in  the  mene 
tyme  suspending  your  licence  quhill  the  said  contract  was  deliuerit  to  ws  . 
Yit  as  of  befor  we  pray  yow  eft'ectuuslie  to  deliuir  the  said  contract  to  this 
berar  oure  cousing  and  seruand  within  four  houris  efter  he  present  yow 
this  writing  •  or  than  ye  fail  nocht  your  self  to  cum  to  ws  with  the  samyn 
in  all  possible  haist  as  ye  will  ansuer  to  ws  therupoun  •  Subscriuit  with 
oure  hand  at  Edinburght  the  xviij  day  of  August  the  yeir  of  God  j"-  v=- 
and  xliij  yeiris  • 

James  G  • 

To  Schir  Thomas  Ersking  knycht  off  Brechin  • 


1546.]  THE    PITTODRIE    PAPERS.  199 

XXI. 

RECEIPT  BY  THE  EARL  OF  ARRAN  TO  SIR  THOMAS  ERSKINE. 

Gubernator  • 

We   grant   ws   to    haue  resauit   fra    Schir    Thomas    Erskyne    of  Obligatione 
Brychene  knycht  ane  obligatioun  maid  be  Dauid  now   Erll  of  Craufuird  ^''""ju°  '^^'■ 
and  than  Laird  of  Edzell  to  wmquhill  our  Souerane  Lord  that  last  decessit  dom  of  Crav- 
and  his  successouris  of  his  gracis  body  gottin  or  to  be  gottin  /  oblisand  ^^'^'^  adperpe- 
him  that  incontinent  efter  the  infeftment  maid  to  him  of  the  erldome  of  tiam. 
Crafuird  landis  and  pertinentis  therof  that  he  suld  tak  reall  possessioun  of  ^^  ^"?-  '^*^- 
the  samyn  and   that  he  and  his  airis   suld  resigne  and  our  gif  the  said 
erldome  all  baronis  landis  annuell  rentis  etc  ■  ad  perpetuam  remanentiam  ■ 
als  sone  as  he  or  his  airis  beis  requirit  therto  wnder  the  pane  of  ane  hun- 
dretht  thousand  merkis  Scotis  money  •  as  at  mair  lentht  is  contenit  in  ane 
obligatioun  maid  be  the  said  erll  to  wmquhill  our  said  Souerane  thairwpon 
of  the  dait  at  Dunde  the  xxviij   day  of  September  the  yeir  of  God  ane 
thousand  five  hundretht  fourty    ane  yeir  •  Subscriuit   with    our  hand   at 
Cowpar  in  Fiffe  the  xxviij  day  of  August  the  yeir  of  God  ane  thousand 
v"=-  fourty  thre  yeris . 

James  G  • 


XXII. 
RESPITE  TO  SIR  THOMAS  ERSKINE. 

Marie  be  the  grace  of  God  Quene  of  Scottis  .  To  all  and  sindrie   our  Respite  to 
justices    schirreffis   stewartis    justice  clerkis    crownaris  and  thair   deputis  |' "■  .^''"'"'JS 
prouestis  aldermen  and  baillies  of  burrowis  and  all  vtheris  oure  officiaris  Brechin, 
liegis  and   subditis   quhame   it   efFeris    quhais  knawlege   thir   our  letteris  ' '  •'""®'  '■^**'- 
salcum  greting  •  Witt   ye  ws  /  with   auise    consent    and    autorite  of  our 
derrest   cousing   and   tutour    James   Erie    of   Arrane   Lord  Hammiltoun 
protectour  and  gouernour  of  our  realme  /  to  haue  respitt  and  be  thir  oure 
letteris  in  the  law  and  by  the  law  speciallie  respittis  oure  louit  Schir  Thomas 
Erskin  of  Brechin  knycht  for  bis  tressonable  remanyng  and  abydno-  fra 

2c 


200  THE    SPALDING    CLUB    MISCELLANY.  [1546. 

oure  oist  raid  and  array  maid  be  our  said  tutour  and  gouernour  and 
devisit  be  the  lordis  of  our  counsale  at  the  cietie  of  Glasgow  aganis 
Matho  Erie  of  Levenax  and  his  complices  conspiratouris  aganis  oure 
authoritie  •  and  for  all  actioun  and  cryme  that  may  follow  thairupoun  and 
for  all  vtheris  actionis  transgressionis  crymes  and  offenses  quhatsumeuir 
committit  or  done  be  the  said  Schir  Thomas  in  ony  tym  bipast  /  tresoun  in 
oure  persoun  allanerlie  except  /  to  be  vnhurt  vnharmit  vnattechit  vnar- 
restit  unfollowit  vnpersewit  vnvexit  and  vndistrublit  in  his  persoun 
landis  or  gudis  thairfore  be  yow  or  ony  of  yow  our  officiaris  liegis  and 
subditis  forsaidis  during  the  tyme  of  thir  oure  letteris  •  Quhairfore  we 
charge  straitlie  and  commands  yow  all  and  sindrie  oure  officiaris  liegis 
and  subditis  forsaidis  that  nane  of  yow  tak  vpoun  hand  to  do  or  attempt 
ony  thing  incontrar  or  broking  of  thir  oure  letteris  of  special  respit  during 
all  the  tyme  thairof  vnder  all  hieast  pane  charge  and  oifence  that  ye  and 
ilkane  of  yow  may  committ  and  inrin  aganis  oure  Maiestie  in  that  part  • 
Thir  our  letteris  of  speciale  respit  for  the  space  of  nyntene  yeris  nixt  and 
immediatlie  following  the  day  of  the  dait  hereof  but  ony  reuocatioun  to 
induir  •  Gevin  vnder  our  priue  sele  at  Striueling  the  xj  day  of  Junij  the 
yeir  of  God  j"-  v"*  fourty  sex  yeris  and  of  oui'e  regne  the  ferd  yer  • 

Per  signaturam  manu  domini  gubernatoris  subscriptam  • 


XXIIL 

ACCOUNTS    RENDERED    BY    SIR    THOMAS    ERSKINE    OF    THE    FEU- 
DUTIES  OF  THE  LORDSHIPS  OF  BRECHIN  AND  NEVAR. 

Brechane  et  Nevar  • 

Extract  Compotum  Thome  Erskin  de  Breichin  militis  feodifirmarii  terrarum  et 

compte  of  the  dominiorum  de  Breichin  et  Naver  redditum  apud  Stirling  xx"  die  mensis 

nia&of  ^'^       Augusti   anno  Domini  millesimo   quingentesimo   quadragesimo    sexto    de 

Brechaue  per-  omnibus  suis  expensis  et  receptis  per  firmas  et  redditus  dictorum  domini- 

:enan(i  to  orum  de  terminis  sequentibus  •  videlicet  •  Sancti  Martini  in  anno  etc  ■  xliij 

Erskin.  vsque  in  diem  huius  compoti  •  et  sic  de  sex  terminis  infra  hoc  compotum  - 

Auditoribus  Johanne  domino  de  Erskin  •  Alexandro   Schaw  de  Sauche  • 

domino  Dauid  Crystesoun  rectore  de  Cambuslang  .  domino  Georgio  Scott 

rectore  de  Balmannoch  infra  collegium  de  Abernethe  • 

Item  onerat  se  in  primis  de  ix"='  xlix  lib.  xvi  s.  de  terminis  compoti  efter 


1546.]  THE    PITTODRIE    PAPERS.  201 

the  forme  of  the  assignatioun  maid  to  the  Quenis  grace  be  my  lord 
gowernour  of  the  dayt  at  Edinburgh  the  xviij  day  of  December  the  yeir 
of  God  j™-  V-  xliij  yeris  makand  hir  grace  entress  to  hayf  bene  at  the 
Martymes  nixt  precedant  lyke  as  in  the  act  maid  thairwpoun  mair  fuUelie 
proportis  • 

Summa  huius  oneris  patet  • 

Exoneratioun  of  the  samyn  •  In  the  first  delyuerit  be  the  comptar  to  Meniorandum. 
Rychert    Dowgles    amery    man    to     the    gowernour    and    Schir    Patryk  ^^y '°'"''  ?"' 
Wgstoun    be   the   command    of   the   comptroller  seruitouris  to   my  lord  recompanse 
gowernour  of   the  Mertimes  terme   aboue    wryttin   in    anno  etc  •  xliij    .  {■'■''*  soum  of 
j"=-  Iviij  lib.  vi  s  •  And  be  payment  maid  to   Schir  Dauid   Crystesoun  be  RcJept  Cry'- 
the   Quenis  grace  precept  and  his  acquittance  sene  vpoun  compt  xx  lib  •  tesoun  pro  xx 
And  be  payment  maid  to  John  Foster  as  his  acquittance  beris  sene  vpoun  r  pgpj  p 
compt  of  the  termes  within  this  compt  j<=-  Ixvi  lib.  xiii  s.  iiij  d  •  projC' Ixvilib. 

And  be  payment  maid  to   Johnn  Foster  be  ane  vther  acquittance  sene  ?,'"  ^'  "'i'^' , 

P    ,  .  ,  .       ,  .  .  ,.,  .  Kccept  roster 

vpoun  compt  oi  the  termes  withm  this  compt  ]"=•  xxx  lib.  v  s.  iiij  d  •  And  be  projc  xxxlili. 
payment  maid  to  the  watche  men  portaris  and  garytouris  of  the  castel  of  ^  ^'  '"J  ^' 
Striueling  be  preceptis  of  the  Quenis  grace  and  hir  awin  acquittance  sene  ^^H^^^l  watche 
vpoun  compt  within  the  termes  of  this  compt  j"-  Iviij  lib.  vi  s  •  And  be  pav-  Iviij  lib.  vis. 
ment  maid  to  Johnn  Foster  as  his  acquittance  beris  sene  vpoun  compt  j=*  Recept  Foster 
Iviij  lib.  vi  s.  of  the  termis  within  this  compt  •  And  be  payment  maid  to  Pf°j°-lviij  lib. 
Hanse  Cohren  and  Mychaell  Gardner  gunnarisbe  the  Quenis  grace  precept  j^g. 
of  the  terme  of  Witsonday  in  anno  etc  •  xlvi  as  thair  acquyttance  beris  sene  naris  pro  Ixvi 
vpoun  compt  of  the  said  terme  within  this  compt  Ixvi  lib.  xiii  s.  iiij  d  •   ""-^"js- liyd. 
And  be  payment  maid  to  the  Bischope  of  Breichane  for  the  Eroll  Both-  Recept  Come? 
wall  be  ane  precept  of  j<=-  lib.  and  payit  thairof  be  the  comptar  1  lib  •  And  '^'^  Bothwell 
be  payment    maid   to    ane    nobill  and    mychty  lord  Johnn   Lord    Erskin 
grantit  be  him  vpoun  compt  in  pairt  of  payment  to  gude  compt  for  his 
ordinar  of  the  said  castell  of  Striueling  xli  lib.  vi  s  • 

Summa  harum  Expensarum ix<^- xlix  lib.  xvi  s- 

Et  sic  eque eque eque- 

Marie  R- 

Jhon  lord  Erskin- 

Alex  Schaw  of  Sauchy- 

Schir  Dauid  Christesoun  persoun  of  Cammuslang- 

Schir  G  Scott- 


202  THE    SPALDING   CLUB    MISCELLANY.  [1547. 

Apud  Streueling  xiij  Augusti  anno  etc  ■  slvij . 
The  compt  of  ane  honorabill  man  Schir  Thomas  Erskin  knycht  fewar 
of  the  landis  and  lordschipis  of  Brechin  and  Naver  maid  at  Streveling  the 
xiij  day  of  August  in  the  yeir  of  God  ane  thousand  fyv  hundreth  fowrty 
sewin  yeris  of  all  malis  and  profFeitis  of  the  saidis  landis  and  lordschipis 
pertenand  to  the  Quenis  grace  our  Souerane  Ladeis  moder  sen  the  xx" 
day  of  Agust  /  in  the  yeir  of  God  etc  ■  fowrti  sex  yeiris  /  And  sa  of  twa 
termis  within  this  compt  /  that  is  to  say  Mertymes  /  in  the  yeir  of  God  etc  ■ 
sex  yeiris  /  and  Witsonday  in  the  fowrti  sewint  yeir  /  Befoir  thir  auditouris 
nobill  lordis  Johnne  Lord  Erskin  r  Schir  Johnne  Cambell  of  Lundy  maister 
houshald  to  the  Quenis  grace  /  Willem  Mentetht  of  the  Kers  /  Schir  Dauid 
Crystesoun  person  of  Cumbaslang  /  Schir  George  Scott  persoun  of  Bal- 
mannocht  ■ 

Item  the  said  comptar  chargis  him  with  four  hundreth  thre  scoir  fowr- 
tein  merkisxii  shillingis  of  the  termis  abon  writting  efter  the  forme  of  the  as- 
signatioun  maid  to  the  Quenis  grace  be  my  lorde  gouernour  of  the  dait  at 
Edinburth  the  awchtein  day  of  December  in  the  yeir  of  God  ane  thovsand 
fyv  hundreth  fourty  thre  yeris  makand  hir  grace  entres  to  half  ben  at  Mer- 
tymes nixt  precedent  the  dait  of  the  said  assignatioun  /  as  at  mair  lenth  is 
contenit  in  the  samyn  • 

Summa  patet  • 

Exoneratioun  of  the  samyn  •  In  the  first  be  payment  maid  to  Hanis 
Cochterane  maister  gunnar  to  the  Quein  be  ane  precept  of  her  gracis 
datit  at  Falkland  the  xiij  day  of  October  anno  etc  •  fourty  sex  yeris  as 
the  said  Hannis  acquittance  beris  schawin  vpone  comptis  ane  hundreth  thre 
scoir  twa  merkis  /  And  be  payment  maid  to  ane  reuerend  fader  in  God 
Johnne  Bischop  of  Brechin  be  ane  precept  of  the  Quenis  onder  hir  grace 
signat  and  hand  wrytt  datit  at  Falkland  the  sex  day  of  October  anno  etc  ■ 
fourti  sex  yeris  of  the  Mertymes  term  fyfti  libs  •  as  his  acquittans  sein  vpon 
comptis  beris  /  And  be  payment  maid  to  the  said  reuerend  fader  be  the  said 
precept  and  the  Quenis  grace  command  be  worde  of  the  Witsonday  terme 
within  this  compt  othir  fyfty  libs  •  et  hoc  sub  periculo  computantis  i  And  be 
payment  maid  to  the  Quenis  grace  be  ane  nobill  lorde  Johnne  Lorde 
Erskin  in  the  comptaris  name  of  ane  hundreth  thre  scoir  twa  merkis  xii  s  ■ 

Summa  of  the  haill  exoneratioun  is  four  hundreth  thre  scoir  fourtein 
merkis  xij  schillingis  •  et  sic  eque  eque  eque  • 


1547.]  THE    PITTODUIE    PAPERS.  203 


XXIV. 

LICENSE  TO  SIR  THOMAS  ERSKINE  TO  REMAIN  FROM  THE  HOST 
AT  FALA  MUIR. 

Marie  be  the  grace  of  God  Quene  of  Scottis  •  To  all  and  sindrie  our  jus-  Licens  to  Sir 
tices  and  ministeris  of  law  splrltuall  and  temporall  and  all  otheris  our  f..  u™^^ 
liegis  to  quhais  knaulege  thir  lettres  sail  to  cum  greting-  Forsaraekill  as  Sept.  1547. 
with  the  awyse  consent  and  assent  of  our  derrest  cousing  and  tutour 
James  Erie  of  Arrane  Lord  Hammiltoune  etc  ■  protectour  and  gouernour 
of  our  realme  we  of  before  hes  tane  Dauid  Maister  of  Craufurd  fear  of 
the  samyne  in  the  place  to  serue  in  all  our  hoisting  and  raidis  within  the 
realme  or  without  be  se  or  be  land  of  our  cousing  Dauid  Erie  of  Crau- 
furd enduiring  his  lyuetyme  for  guid  and  ressonable  causes  and  considera- 
tiones  moving  ws  /  and  in  lykwyse  hes  exemit  his  cousing  Schir  Thomas 
Erskyne  of  Brechyne  knycht  throw  his  aige  and  inhabilitie  of  his  persone  fra 
all  sick  oisting  and  raidis  induiring  his  lyuetym  •  And  albeit  that  now  our 
diuerse  lettres  and  proclamationes  ar  past  chargeing  all  freehaldaris  and 
otheris  our  liegis  to  be  at  Fawla  Muire  the  last  day  of  August  bipast  for 
resisting  the  invasione  of  our  enemyes  of  Ingland  with  derogatioune  to  all 
exemptiounes  and  licencis  grantit  and  gevin  of  befor  with  that  clause  that 
aiLe  persone  passand  as  sone  for  the  fader  salbe  na  releif  to  the  fader  or 
persone  that  bydes  at  hame  •  Our  intentioune  and  mynd  is  nocht  that  the 
exemptiounes  grantit  of  before  to  oure  said  cousing  Dauid  Erie  of  Crau- 
furd and  till  his  said  cousing  Schir  Thomas  Erskyne  be  dischargit  and 
revokit  be  the  lettres  and  proclamatiounes  forsaid  hot  to  stand  in  the 
samyne  forse  and  effect  as  of  before  •  And  attour  with  awyise  and  consent 
of  our  said  derrest  cousing  and  tutour  we  remitt  and  dischargis  our  said 
cousing  Dauid  Erie  of  Craufurd  and  his  cousing  the  said  Schir  Thomas 
Erskyne  for  his  awne  persone  allanerlie  fra  furth  cuming  and  keiping  the 
diet  at  Fawla  Mure  the  last  daye  of  August  bipast  /  granting  and  willing 
that  nother  of  thame  for  thair  remanyng  and  biding  at  hame  fra  the  samyne 
be  callit  persewit  or  accusit  in  ony  tyme  to  cum  bot  be  thir  presentes  re- 
mittis  and  dischargis  all  cryme  and  skayth  that  may  follow  theruppon  for 
now  and  euer  nochtwythstanding  the  lettres  actis  statutis  and  proclama- 
tiones maid  or  to  be  maid  in  the  contrare  and  all  painis  contenit  thairintill  / 


204 


THE    SPALDING   CLUB    MISCELLA>fY. 


[1547 


And  in  lyikwyse  dischargis  all  justices  schirreflSs  crownaris  and  thair  de- 
putis  of  ony  manere  persute  or  calling  of  our  said  cousing  and  the  said 
Schir  Thomas  for  nocht  keping  the  diet  forsaid  and  of  thair  offices  in  that 
part  nochtwithstanding  the  forsaidis  actis  lettres  statutis  or  proclaraa- 
tiones  maid  in  the  contrare  with  quhilkis  we  with  awyise  and  consent  of 
our  derrest  cousing  and  tutour  forsaid  dispensis  be  thir  our  lettres  ■  Gevin 
vnder  cure  signet  and  subscruit  be  our  said  tutour  and  cousing  at 
the  daye  of  September  the  yere  of  God  j™-  v'-  fourtie  sevin  yeris 

and  of  our  regne 

James  G- 


Licence  to 
Sir  Thomas 
Erskyne  to 
goe  off"  the 
cuntrie. 


XXV. 

LICENCE  TO  SIR  THOMAS  ERSKINE  TO  PASS  BEYOND  SEA. 

Marie  be  the  grace  of  God  Queue  of  Scottis  •  To  all  and  sindrie  our 
justices  schireffis  juges  and  otheris  officiaris  quhatsomeuir  spirituall  and 
temporall  lieges  and  subjectis  to  quhais  knawlege  thir  our  lettres  sail  cum 
o-reting  •  Forsamekle  as  our  louit  Schir  Thomas  Erskyne  of  Brechyne 
knycht  secretar  to  vmquhile  our  raaist  nobill  fader  of  guid  mynd  is  now 
to  passe  with  our  licence  quhilk  we  with  awyse  and  consent  of  our  derrest 
cousino-  and  tutour  James  Erie  of  Arrane  Lord  Hammiltoune  etc  ■  pro- 
tectour  and  governour  of  our  realm  be  thir  presentes  gevis  and  grantis 
till  him  to  the  partis  of  France  Flanderis  Italie  and  otheris  partis  beyond 
se  quhar  he  lykes  best  for  recouering  of  his  eldest  sone  and  ayr  out  of 
captiuitie  and  bringing  him  hame  furth  of  thai  partis  /  and  for  doing  of  his 
othir  lefull  busynes  curing  and  mending  of  his  infirmities  and  seiknessis 
and  thar  to  remane  for  the  space  onderwrittin  •  Quharfore  we  with  awyse 
and  consent  of  our  said  tutour  and  gouernour  hes  takyne  and  be  the 
tenour  of  thir  presentis  takes  the  said  Schir  Thomas  and  all  and  sindrie 
his  propre  men  tenentis  factouris  and  seruandis  quhatsomeuir  /  and  all  and 
sindrie  his  and  thairis  landis  heretagis  rentis  benefices  stedingis  storeplaces 
fischingis  cornis  catell  possessiones  and  vthir  guidis  movable  and  vnmovable 
quhatsomeuir  quhareuir  thai  be  within  or  outwith  our  realme  onder  our  spe- 
ciall  protectione  and  sauegard  •  Attour  we  in  the  law  and  by  the  law  spe- 
ciallie  respeitis  all  actiounes  caussis  crymes  and  quarellis  criminall  and  ciuile 
concernyng   vs    or    ony  vtheris    movit    or    to   be    movit    aganes  the  said 


1589.]  THE    PITTODRIE    PAPERS.  205 

Schir  Thomas  his  propir  men  tenentis  factouris  and  seruandis  forsaidis 
in  ony  wyise  to  cesse  and  rest  for  the  space  of  five  yeris  nixt  to  cum 
after  the  day  of  the  said  Schir  Thomas  departing  furth  of  our  realme  • 
Exemyng  thame  and  illiane  of  thame  and  all  thar  actiones  forsaidis  fra  all 
comperance  befor  quhatsomeuir  juge  or  juges  spirituall  or  temporall 
during  the  space  forsaid  •  Herefor  we  charge  straitlie  and  commandis 
yow  and  all  and  sundrie  our  justices  schirreffis  juges  and  vtheris  officiaris 
quhatsumeuir  spirituall  and  temporall  lieges  and  subjectis  forsaidis  that 
nane  of  yow  tak  vpoun  hand  to  do  or  attempt  ony  thing  in  contrare  viola- 
tioun  or  brekyng  of  this  our  speciall  sauegard  protectioun  and  respeit  in 
ony  wyise  during  all  the  tyme  therof  /  onder  all  hiest  pane  charge  and  of- 
fence that  ye  and  ilkane  of  you  may  committe  and  incurre  aganis  our 
Maiestie  in  that  part  •  Dischargeand  yow  all  and  sindrie  our  saidis  offi- 
ciaris juges  and  ministeris  of  law  spirituall  and  temporall  present  and  to 
cum  and  your  deputis  of  your  offices  in  that  part  be  thir  our  lettres  of 
speciall  protectione  sauegard  and  respeit  quhilk  we  will  for  the  space 
abouewritin  but  ony  reuocatioune  till  induire  •  Gevin  onder  our  signet 
and  subscriuit  be  our  said  gouernour  at  Striueling  the  xxviij  day  of 
Merche  and  of  our  regne  the  fift  yer  • 

James  G- 


XXVI. 

LICENSE,  KING  JAMES  VI.  TO  JOHN  ERSKINE  OF  BALHAGARDIE 
TO  PURSUE  LESLIE  OF  WARDES,  NOTWITHSTANDING  OF  THE 
PROCLAMATION  REGARDING  THE  PEST. 

Rex- 

We  and  the  lordis  of  our  secreit  counsale  vnderstanding  that  our 
louit  Johne  Erskene  of  Balhagarte  hes  actioun  intentit  and  dependand  at 
his  instans  before  the  lordis  of  our  counsale  aganis  William  Lesle  of 
Wardres  and  Johnne  Lesle  his  sone  and  appeirand  air  Sot  the  wrangus 
molestatioun  and  troubling  of  him  in  his  possessioun  of  his  landis  of  Ben- 
noquhie  and  wodis  of  Ardellochie  within  certaine  boundis  methis  and 
merchis  of  the  samen  as  at  mair  lenth  is  contenit  in  his  libellit  summondis 
rasit  thairuponne  In  the  quhilk  actioun  proces  is  stayit  be  ressoun  of  our 


206 


THE    SPALDING   CLUB    MISCELLANY. 


[1613. 


kit  proclamatioun  maid  dischargeing  proces  in  all  actionis  on  the  north 
syde  of  Forth  albeit  it  be  of  veriti  that  the  saidis  personis  persewar  and 
defenderis  duellis  in  the  partis  of  our  realme  frie  of  all  suspetion  of  the 
pest  •  Thairfore  we  be  the  tennour  heirof  grant  and  gave  licence  to  the 
saidis  persewar  and  defenderis  to  persew  and  defend  in  the  said  actioun 
nochtwithstanding  quhatsumever  our  proclamatioun  charge  or  lettre  direct 
or  to  be  direct  in  the  contrar  •  Chairgeing  heirfore  the  lordis  of  our  coun- 
sale  and  sessioun  to  proceid  and  do  justice  in  the  said  mater  nochtwith- 
standing our  said  proclamatioun  maid  as  said  is  or  quhatsumeuir  vthir 
lettre  charge  or  proclamatioun  direct  or  to  be  direct  or  proclamit  in  the 
contrar  •  Anent  the  quhilkis  and  all  panis  contenit  therin  we  dispence  be 
thir  presentis  •  Subscriuit  be  our  said  Souerane  Lord  at  Haliruidhouse  the 
ellevint  day  of  Marche  1589- 

James  R- 

HUNTLYE  . 

Thyrlstane  . 


REMISSION,  KING  JAMES  VI.  TO   JOHN  ERSKINE  OF  BALHAGARDIE. 


Remissio 
Joannis  Ers- 
kene  de  Bal- 
hagartie. 
24  June,  161c 


Jacobus  Dei  gratia  Rex  Magne  Britannie  Francie  et  Hibernie  fideique 
defensor  •  Omnibus  probis  hominibus  suis  ad  quos  presentes  litere  per- 
uenerint  salutem  •  Sciatis  nos  ex  nostris  specitilibus  gratia  fauore  et  miseri- 
cordia  remisisse  tenoreque  presentium  pro  nobis  et  successoribus  nostris 
remittere  dilectum  nostrum  Joannem  Erskene  de  Balhaggartie  pro  por- 
tatione  vsu  et  jaculatione  bombardarum  lie  hagbuttis  dae/is  et  pistollis 
aliorumque  per  nostros  leges  et  acta  parliament!  prohibitorum  quocunque 
tempore  aut  occasione  preterito  diem  datamque  presentium  precedent!  • 
Et  pro  omnibus  actione  pena  et  crimine  que  desuper  sequi  vel  dicto  Joanni 
in  eius  persona  bonis  aut  rebus  imputari  poterint  dummodo  partibus 
conquerentibus  et  damna  passis  taliter  satisfaciat  vt  nuUam  super  hoc  de 
cetero  justam  querimoniam  audiamus  •  Et  supradictura  Joannem  Erskene 
de  Balhaggartie  sub  firma  pace  et  protectione  nostra  juste  suscipientes 
firmiter  inhibemus  ne  quis  ei  occasione  predicto  malum  molestiam  inju- 
riam  aut  grauamen  aliquod  inferre  presumat  injuste  super  plenariam 
nostram  forisfacturam  /  aut  mortem  ei  inferat  sub  pena  amissionis  vite  et 


1628.]  THE    PITTODRIE    PAPERS.  207 

membrorum  •  In  cuius  rei  testimonium  has  literas  nostras  remissionis  pro 
toto    tempore    vite    dicti    Joannis  Erskene   duraturas    sub   nostro  magno 
sigillo    sibi   fieri    fecimus   patentes  •  Apud   Edinburgum    vigesimo    quarto 
die   mensis    Junij   anno   Domini   millesimo    sexcentesimo   decimo    tertio  ■ 
annis  regnorum  nostrorum  respectiue  quadragesimo  sexto  et  vndecimo  • 


XXVIII. 

LICENSE  BY  THE  SECRET   COUNCIL    TO  HOLD  A  WEEKLY  M.\RKET 
AT  THE  CHAPEL  OF  THE  GARIOCH. 

At  Halyruidhous  the  twentie  nyne  day  of  Julij  the  yeare  of  God  j™-  vj='   Coimscllis 
and  twentie  aucht  yeeres  /  Anent  the  supplicatioun  presented  to  the  lordis  ^"^"''  ''^'' ''"" 
of  secreit  counsell  be  the  gentlemen  parochineris  and  otheris  inhabitants  ChepellofTlie 
within  the  parochin  of  Logydurnoch  makand  mentioun  that  whair  the  saids  Garioche. 
supplicants  are  distant  from  anie  burgh   and  fra  all  publict  mercats  and  '-^-""'y'  "'-*^- 
faires  saxtein  myles  or  thairby  /  and  that  they  can  nocht  be  provydit  with 
flesh  fish  nor  no  others  necessars  for  furnishing  and  interteaneing  of  thair 
housholds  without   extraordinar  great  charges  and  expenssis  whilk  hes  so 
wracked  many  of  thame  as  they  ar  not  able  longer  to  vnderly  that  bur- 
dein  /  Humbelie  thairfoir  desyring  the  saids  lords  that  they   would    give 
and  grant  vnto  the  saids  supplicants  libertie  and  warrand  to  keipe  and  hold 
ane  publict  mercat  weekelie  at  the  Chappell  of  The  Garrioch  /  whilk  is  the 
most  commodious  pairt  and  pleace  within  the  whole  bounds  of  the  said 
parish  for  keeping  of  ane  mercat  /  And  that  they  may  haue  letteris  direct 
to    make    publicatioun    of  the    balding  of  the    said    mercat    in    forme  as 
effeirs  /  lykeas    at    mair    lenth   is  conteanit   in   the    said   supplicatioun  ■ 
Quhilk  being    read   heard    and  considdcrit  be  the  saids  lords  /  and  they 
knowing  perfectlie  the    great    incommoditie    and    prejudice  that  the    sup- 
plicants susteanes  by  thair  removall  and  farre  distance  from  anie  mercat  / 
and  being  willing  for  thair  greater  ease  and  more  seasonable  furnishing 
with  vivers   to  grant  thame  all    the    lauchfull    favour    that   in    suche  ane 
caice   can  be  allowed  /    Thairfoir  the  lordis  of  secret  counsell  hes  gevin 
and  grantit  /  and  be  the  tennour  herof  giues  and  grants  /  full  power  liber- 
tie and  warrand  to  the   saids  supplicants    to  keepe  and  hold  ane  publict 

2  D 


208  THE    SPALDING   CLUB    MISCELLANY.  [1628. 

mercat  weakelie  at  the  Chappell  of  The  Garioch  as  the  most  commodious 
and  opportune  plaice  within  the  whole  bounds  of  the  parochin  for  suche 
purpose  vntill  the  terme  of  Mairtimes  nixt  to  come  allanerlie  /  Provyding 
alwayes  /  and  it  is  heereby  expresslie  declaired  '  that  if  the  burrowes  or 
anie  other  personis  finding  thame  selfis  interessed  by  keeping  of  the 
said  mercat  sail  compleane  to  the  counsall  the  saids  lords  after  consi- 
deratioun  of  thair  greivance  and  reasouns  of  the  same  will  take  suche 
course  for  dischairging  of  this  warrand  or  shortning  of  the  tyme  thairin 
conteanit  as  they  sail  find  the  merite  of  the  caus  to  require  And 
ordanis  letteris  to  be  direct  to  make  publicatioun  of  the  balding  of  the 
said  mercat  in  forme  as  effeirs  .  Extractum  de  libris  actorum  secreti 
consilii  S  •  D  •  N  •  Regis  per  me  Jacobum  Prymrois  clericum  ejusdem  sub 
meis  signo  et  subscriptione  manualibus  • 

Jacobus  Prymrois- 


XII. 


THE    ERROLL    PAPERS. 


THE    ERROLL    PAPERS. 


$.  Cf)c  CTonstatuIarD. 

I. 

CHARTER  BY  KING  ROBERT  I.  TO  SIR  GILBERT  THE  HAY  OF  THE 
OFFICE  OF  THE  CONSTABULARY  OF  SCOTLAND.  XII  NOVEMBER 
MCCCXIV. 

RoBERTUS  Dei  gracia  Rex  Scotorum  •  Omnibus  probis  hominlbus   tocius  Carta  Gilberti 

terre    sue   Salutem  •  Sciatis  nos  dedisse  concessisse  et  hac  present!  carta  ^%.  P^'J?  '^'^ 

I.  -,.,.  TT  •!•  •     1-1  /•  1  1-  oiticio  Consta- 

nostra  connrmasse  Guberto  de    JJaya  militi    dilecto    et  lideli  nostro    pro  bularie. 

homagio  et  seruicio  suo  officium  Constabularie  Scocie  cum  pertinenciis  • 
Tenendum  et  habendum  dicto  Gilberto  et  heredibus  suis  de  nobis  et  bere- 
dibus  nostris  in  feodo  et  hereditate  cum  hostilagiis  ad  dictum  officium 
pertinentibus  •  Libere  quiete  plenarie  et  honorifice  et  cum  omnibus  aliis 
libertatibus  comoditatibus  aisiamentis  et  iustis  pertinenciis  ad  idem  offi- 
cium de  iure  aut  consuetudine  spectantibus  aut  spectare  valentibus  •  Ffa- 
ciendo  nobis  et  heredibus  nostris  dictus  Gilbertus  et  heredes  sui  seruicium 
inde  debitum  et  consuetum  •  In  cuius  rei  testimonium  present!  carte  nostre 
sigillum  nostrum  precepimus  apponi  •  Testibus  Bernardo  abbate  de  Abir- 
brothoc  cancellario  nostro  •  Thoma  Ranulphi  comite  Morauie  nepote 
nostro  •  Jacobo  de  Duglas  •  Alexandro  de  Meigners  et  Roberto  de  Keth 
marescallo  nostro  militibus  •  apud  Cambuskyneth  •  duodecimo  die  Nouem- 
bris  anno  regni  nostri  nono  • 


IL 

OBLIGATION  FROM  THOMAS  CUTHBERT  DWELLING  IN  THE  CON- 
STABLE LAND  IN  INVERNESS  TO  WILLIAM  FIRST  EARL  OF 
ERROLL.   XXIII  AUGUST  MCCCCLV. 

Be  it  made  kend  till  all  men  be  thir  present  letters  me  Thomas  Cuth- 
bert  burges  of  Inverness  to  be  obliged  /  and  be  thir  my  letters  oblige  me  / 


212  THE    SPALDING   CLUB   MISCELLANY.  [1501. 

to  an  hiffh  and  mighty  lord  William  Earl  of  Erroll  and  Constable  of  Scot- 
land /  That  for  his  Constable  lands  given  to  me  in  fee  and  heritage  after  the 
tenor  of  the  charter  made  therupon  I  my  airs  and  my  assigneys  shall  find 
yeirly  to  the  said  lord  William  his  airs  a  sufficient  stable  upon  the  said 
ground  for  the  number  of  twelve  horses  for  all  the  tym  of  their  re- 
sidence in  the  burgh  of  Inverness  /  togidder  with  sex  pennies  Scots  yearly 
if  it  be  askit  be  the  said  lord  or  his  airs  ■  In  witness  wherof  my  seal  to 
these  letters  is  /  to  endure  perpetually  /  at  Inverness  the  xxiij  day  of 
August  the  year  of  our  Lord  j"-  eccc  and  fy ve  years  • 


in. 

COPY  OF  AN  ACT  MADE  IN  KING  JAMES  THE  SECOND'S  TIME 
BEING  THE  LXVII  ACT  BE  HIS  GENERAL  COUNCIL  CONVEENED 
AT  EDINBURGH  XIX  OCTOBER  ANNO  MCCCCLVL 

OF    DISTRESSIS    FOR    CONSTABIL    FEIS. 

Item  quhar  the  Constabill  deputis  and  his  ministeris  in  the  tyme  of  the 
Sessione  and  generale  consale  and  parllamentis  takis  distressis  for  Consta- 
bill feis  of  all  maner  of  gudis  gret  and  small  that  cumis  to  the  mercat  to 
sell  /  baith  merchandice  and  vittail  •  It  is  sene  spedful  at  that  vse  be  laide 
done  and  forborn  in  tym  to  cum  hot  gif  the  Constabillis  feftment  heir  him 
till  it  /  and  at  that  be  schawin  to  the  King  and  the  three  estatis  at  the  nixt 
parliament  or  generale  consale  •  And  at  in  the  meyne  tyme  the  Constabill 
cess  for  ther  can  na  lawe  be  fundyne  accordande  to  that  vse  • 


INSTRUMENTUM    WILLIELMI    COMITIS  DE  ERROLL    PRO    CIRCUITU 
ET  AMBITU  DICTIS  LE  BARRAS  ETC.   XXX  JULII  MDI. 

In  Dei  nomine  Amen  •  Per  hoc  presens  publicum  instrumentum  cunctis 
ment  that  the  pateat  euidenter  Quod  anno  incarnationis  Dominice  millesimo  quingentesimo 

Erll  oi  ErroU       •    _  ,  mensis  vero  Julii  die  penultirao  •  Indictione  quarta  •  pontificatus 
hes  tlie  barras  t"""  '  .   .  .  .    .     ,,  j  •    i-    ■ 

of  raen  fechtin  sanctissimi  in   Christo  patris  et  domini  nostri   Uommi   Alexandri  diuina 
in  singular  bat-  prouidentia  pape  Sexti  anno  nono  •  In  mei  notarii  publici  et  testium  sub- 
scriptorum  presentia  '  Personaliter  accesserunt  honorabiles  viri  Alexander 


1308.]  THE    ERROLL    PAPERS.  213 

Laudir  prepositus  .  Johannes  Williamesone  Stephanus  Borthwic  bal- 
liui  ■  Willielmus  Carmichell  thesaurarius  •  Andreas  Bartram  et  alii 
quidam  de  conburgensibus  et  convicinis  burgi  de  Edinburgh  ■  ad  presen- 
tiam  nobilis  et  potentis  doraini  Willielmi  Comitis  de  Erole  et  Constabularij 
Scocie  •  Esponentes  declararunt  qualiter  ad  suam  instantiam  summoniti 
fuerant  coram  supremo  domino  nostro  Rege  et  dominis  sui  consilij  pro 
iniustis  intromissione  et  detentione  ab  ipso  certorum  lignorum  et  meremi- 
orum  cum  aliis  munimentis  quibus  efficiebatur  ambitus  et  circuitus  dictus  Le 
Barras  in  quo  conpugnarunt  et  certarunt  Johannes  Coupante  Gallicus  et 
Dominus  Patricius  Hammilton  miles  infra  dictum  burgum  /  Quod  in  hoc  cum 
dominacione  sua  in  placito  minima  stare  voluerunt  nee  apparere  set  in  con- 
tentacione  eiusdem  sibi  tradiderunt  certam  pecuniae  summam  /  de  qua  tenuit 
se  idem  dominus  Comes  plenarie  contentum  pro  hujusmodi  Lie  Barras  •  Et 
pro  fauoribus  et  gratuitis  per  ipsum  dominum  Comitem  dictis  preposito 
balliuis  et  burgensibus  nomine  dicti  burgi  faciendis  et  perpetrandis  /  pro- 
miserunt  ipsum  dominum  in  dicto  suo  officio  Constabularie  ad  suum  honora- 
bile  posse  supplere  et  fortificare  •  nee  ipsum  in  consimilibus  casibus  cum  con- 
tigerint  nee  in  aliis  ipsum  ofBcium  concernentibus  impedire  nee  contra  ipsum 
in  premissis  aliquatenus  pro  futuris  temporibus  mouere  seu  contravenire  • 
Super  quibus  omnibus  et  singulis  prefatus  dominus  Comes  a  me  notario 
publico  subscripto  sibi  fieri  petiit  hoc  presens  publicum  instrumentum  sine 
publica  instrumenta  •  Acta  erant  hec  apud  Edinburgh  in  hospicio  dicti 
domini  Comitis  hora  decima  ante  merediem  vel  6ocirca  /  sub  anno  raense 
die  Indictione  et  pontificatu  quibus  supra  •  Presentibus  ibidem  honorabi- 
libus  viris  Edmundo  Hay  de  Meginche  ■  Johanne  Ramsay  de  Mury  •  Pa- 
tricio Hay  de  Leyis  •  Andrea  Strathauchin  et  Willielmo  Strathauchin  • 
cum  diuersis  aliis  testibus  ad  premissa  vocatis  et  requisitis . 

Et  ego  Henricus  Strathauchin  clericus  Sancti  Andrea  diocesis  publi- 
cus  auctoritatibus  Imperiali  et  Regali  notarius  premissis  omnibus 
et  singulis  dum  sic  vt  premittitur  agerentur  •  etc  • 


OBLIGATION  BY  THE  PROVOST  AND  MAGISTRATES  OF  EDINBURGH 
TO  WILLIAM  FOURTH  EARL  OF  ERROLL.     XVII  FEBRUARY  MDVIIL 

We  provost  baillies  and  councill  of  the  burgh  of   Edinburgh  binds  and 
obleissis  us   faithfully  till  ane  noble  and  michtie  lord   William  Earle  of 


214  THE    SPALDING   CLUB   MISCELLANY.  [1538. 

Errole  Lord  Hay  and  Constable  of  Scotland  •  fforsameikle  as  he  hes  made 
and  constitute  us  provost  and  baillies  forsaid  and  our  successors  that  sail 
happen  to  be  for  the  time  his  deputs  in  the  office  of  Constabularie  for  the 
term  of  three  years  next  after  the  date  hereof  /  and  therafter  for  his  will  to 
endure  /  as  his  wreiting  made  thairupon  proportis  •  That  therfor  we  obleiss 
us  and  our  successors  forsaid  that  we  nor  they  sail  in  na  tym  to  come  do 
any  prejudice  hurt  or  skait  to  the  said  lord  in  his  office  of  Constabulary 
but  sail  advance  the  privilege  honour  and  profit  thairof  at  all  our  guidlie 
and  possible  power  •  And  sail  not  be  balding  of  our  courts  pertaining  to  us  / 
our  burrow  court  sherif  court  or  water  court  /  derogat  nor  mynis  the  faculty 
nor  privilege  of  the  said  Constable  courts  by  any  maner  of  way  but  fraud 
or  gyle  •  And  alss  that  we  sail  not  sit  nor  knaw  noyther  upon  the  action  of 
blude  nor  strublance  committed  be  ony  partie  or  ony  persons  the  Kings 
Majestic  beand  in  the  said  town  of  Edinburgh  or  within  four  miles  about 
but  be  authoritie  of  the  said  Constable  courtis  •  and  gif  we  doe  /  that  beand 
notourlie  known  done  of  wilfulness  and  not  of  ignorance  /  the  said  depute 
granted  be  him  till  us  to  be  reportit  •  And  notwithstanding  that  our  said 
lord  Constable  has  giffen  to  us  the  unlawis  and  escheits  of  courtis  and 
barras  with  all  other  things  perteining  thairto  to  our  awn  use  /  yet  when 
his  lordship  happens  to  be  present  he  to  remitt  and  forgiffe  them  of  what 
pleases  him  endurand  all  the  tyme  that  we  are  deputs  to  him  •  In  witnessing 
hereof  we  gart  affixit  to  thir  our  present  lettres  subscry  vit  with  a  part  of  our 
hands  our  sele  of  cause  of  the  said  burgh  ■  At  the  same  the  xvij  day  of  the 
moneth  of  February  the  yeir  of  God  j"-  v<=-  vii  yeirs  . 


LICENSE  BY  KING  JAMES  V.    IN  FAVOUR   OF  WILLIAM  SIXTH 
EARL  OF  ERROLL.   XXII  APRIL  MDXXXVIII. 

Rex- 

Dispensacioun  We  Sor  resonabill  cawsis  and  consideracionis  mowing  ws  giffis 

gevin  to  ii-  g^jjj  grantis  flull  licens  and  pouer  to  our  cosing  WiUiame  Erie  of  Erole  to 
Erroll  for  be  seruit  be  breuis  off  oure  chapell  beffor  the  shireffe  of  Abirdene  and  his 
geving  hym  (Jeputis  /  at  day  or  day  is  assignit  thairto  /  off  the  office  of  Constabillye  off  oure 
officis  of  Con-  realme  /  shirefshipe  off  Abyrdyne  and  patronage  of  the  kyrk  off  Turreff  /  as 


1580.]  THE   ERROLL    PAPERS.  215 

iiarest  and  lawchffuU  ayr  to  wnquhill  Williame  Erie  of  Erole  his  ffathir  /  stablerie 

nocht  wythstanding  oure  saide  cosingls  minorete  and  less  age  /  anent  the  ^'^^fchip  of 

quhilk  we  dispenss  be  the  tennor  off  thir  presentls  /  and  na  error  to  be  imput  sonage  of  Tur- 

to  the  shireffis  nore  assiss  that  passis  apoun  the  inquest  for  serwinff  off  the  reffnpchtwith- 

....  „  .,...,  ,  ,    .      standing  his 

saidis  breues  be  resoun  oi  oure  saidis  cosingis  less  age  bot  to  be  quyt  thair-  menorite. 

off  /  be  thir  presentis  subscriuit  be  ws  and  wndir  oure  signet  At  Steruileing 

the  xxij  day  of  Aprile  and  off  oure  renge  the  xxv  yeir  /  but  preiudice  of  the 

ward  • 

James  R  • 


VII. 

AN     PRIVILEDGE    OF    THE    CONSTABULARY    TOUCHING    THE 
PUNISHMENT  OF  OFFICERS  OF  ARMS.   XVI  JANUARY  MDLV. 

Apud  Edinburgum  xvj  Januarij  mo-  ccccC-  liiij"- 
The  quhilk  day  in  presence  of  me  Lyoun  King  of  Arms  and  remanent 
heraulds  chapterly  conveent  for  the  time  /  havand  consideration  of  tlie 
many  oppressions  done  be  William  Crarar  messinger  upon  our  Soveraign 
Ladys  leidges  /  and  in  special  upon  the  poor  tenands  and  workmen  of  the 
Abbay  of  Coupar  and  the  countrey  adjacent  therto  /  as  is  notourly  known 
be  the  said  Lyoun  and  remanent  Heraulds  forsaids  /  and  an  part  of  the  saids 
oppressions  confest  be  the  said  William  •  Therfor  decernes  the  said  Wil- 
liams arms  to  be  taken  from  him  and  his  person  delivered  to  my  Lord  Con- 
stable to  be  punished  at  the  Queens  heynesses  pleasure  in  example  of  others  . 

LiNDSA  or  THE  MoNT  LyoN  KiNG  • 


VIII. 

LETTER  KING  JAMES  VI.  TO  THE  BURGHS  IN  FAVOUR  OF  ANDREW 
EIGHTH  EARL  OF  ERROLL.   XXIII  JANUARY  MDLXXX. 

James  be  the  grace  of  God  King  of  Scottis  •  To  the  prouest  and  baillies  Copie  of  let- 
of  our  burrowis  of  Edinburghe  /  Lynlythgw  /  Striuiling  /  Glasgw  /  Air  /  *^"*  *^l'airging 
Perthe  /  Couper  in  Fyfe  /  Sanctandrols  /  Dundie  /  Abirdene  and  all  vtheris  assist  and  mak 
our  burrowis  within  our  realme  quhair  euer  our  presence  and  palice  of  honour  *''^'''  pnsones 

•2  E 


216  THE    SPALDING    CLUB    MISCELLANY.  [1580. 

patent  to  the  salbe  for  the  tyme  /  We  greit  yow  weill  •  Forsamekle  as  for  pwneischment 

Lord  Con-       ^^  trespassourls    invaideris  and    schedderis    of  vtheris  blude  within  four 
stabiU  and  his         „.      '  t     ,  .•.,,•.  /-,,,, 

deputis.  mylhs  to  our  presence    it  hes  pertenit  and  pertenis  to  our  Constable  and 

23  Jan.  1580.  his  deputtis  to  tak  inquisitioun  of  all  sic  personis  committeris  of  the  saidis 
crymes  /  put  thame  to  the  knauledge  of  ane  vnsuspect  assyise  /  and  the 
persones  quhatsumever  apprehendit  culpable  or  being  convict  to  caus  be 
put  in  waird  thairintill  to  reraaine  ay  and  quhill  thai  mak  satisfactioun  for 
thair  trespass  conforme  to  the  lawis  and  constitutiones  maid  and  vsit  thair- 
anent  of  befoir  •  ffor  executioun  of  the  quhilk  it  is  necessar  and  expedient 
that  all  our  tolbuithis  presonis  and  warding  houssis  /  within  our  saidis  bur- 
rowis  and  vtheris  partis  of  our  realme  quhair  it  salhappyne  ws  to  be  for 
the  tyme  /  be  maid  patent  and  radye  to  our  said  Constable  and  his  deputtis 
and  otBcieris  for  incarcering  of  quhatsumeuer  personis  committeris  of 
slauchter  mutilatioun  blude  drawing  and  vtheris  crymes  pertenyng  to  the 
said  office  /  And  that  your  assistance  and  fortificatioun  is  requisit  for  that 
effect  /  quhairby  sic  trespassourls  may  resaif  dew  punischment  for  thair 
offences  in  example  to  vtheris  inquyet  ws  our  richt  traist  counsalouris  and 
nobilitie  daylie  attending  and  awating  vpoun  ws  for  the  welefair  of  ws  our 
realme  and  lieges  •  Oure  will  is  heirfoir  and  we  chairge  yow  straitlie  and 
commandis  that  ye  and  ilkane  of  yow  be  your  selffis  and  your  officieris  in 
your  names  as  ye  salbe  requirit  heirto  concur  fortifie  and  assist  with  our 
said  richt  traist  cousing  and  counsalour  Andro  Erll  of  Erroll  our  Con- 
stabill  forsaid  and  Williame  Hendersoun  his  deput  and  thair  officiaris  in 
executioun  of  the  said  office  in  all  tymes  cuming  conforme  to  the  priueledge 
and  iurisdictioun  thairof  of  auld  vsit  and  vount  in  all  pointis  /  And  for  that 
effect  that  ye  mak  oppin  presoun  and  your  tolbuith  durris  patent  to  thame 
at  all  tymes  for  resaving  of  the  saidis  transgressouris  thairintill  /  lyk  as  thair 
predicessouris  and  thai  hes  bene  in  vse  thairof  for  the  bettir  putting  of  the 
said  office  to  dew  executioun  in  all  tymes  bygane  /  as  is  cleirlie  vnderstand 
and  schawin  to  ws  and  the  lordis  of  our  secreit  counsale  be  sindry  letteris 
and  ordinances  maid  to  thame  thairwpon  be  oure  maist  noble  predicessouris 
ofbefoir  /  as  ye  and  ilk  ane  of  yow  will  schaw  and  declair  your  dew  obe- 
dience to  ws  in  your  offices  thairanent  and  answer  to  ws  thairwpoun  as  ef- 
feiris  •  The  quhilk  "to  do  we  commit  to  yow  coniunctlie  and  seueralie 
our  full  powar  be  thir  our  letteris  /  deliuering  thame  be  yow  sene  and 
vnderstand  agane  to  the  berair  ■  Gevin  vnder  our  signet  and  subscriuit 
with  our  hand  at  Halyrudhouse  the  xxiij  day  of  Januar  and  of  our 
regnne  the  xiij  yeir  •  1579  • 


1591.]  THE    ERROLL    PAPERS.  217 


IX. 

LETTER  KING  JAMES  VI.  TO  THE  PROVOST  AND  BAILLIES  OF  EDIN- 
BURGH IN  FAVOUR  OF  FRANCIS  NINTH  EARL  OF  ERROLL.  VIII 
DECEMBER  MDXCI. 

James  be  the  grace  of  God  King  of  Scottis  •  To  our  prouest  and  baillies  Charge  at 

of  our  burgh  of  Edinburgh  now  present  and  being  for  the  tyme  in  all  tvmes  .Ti]?  9°"^'*'" 
TXT  •  -11        1^  ,  Ml  ,-  •     ,  /.  billis  instance 

cuming  /    We  greit  yow  Weill  /   iorsamekul  as  lor  punischement  oi  tras-  aganis  the 

passouris  invaideris  and  schedderis  of  vtheris  blude  within  foure  myllis  to  pro^'^^t  anil 
cure  presens  /  It  hes  pertenit  and  pertenis  to  our  Constabill  and  his  deputtis  Edinburo-h 
to  mak  inquisicioun  of  all  sic  personis  committeris  of  the  saidis  crymes  /  put  subscriueit  be 
thame  to  the  knawlege  of  ane  vnsuspect  assyse  /  and  the  personis  quhat-  jviaiestilf' * 
sumeuir  apprehendit  culpabill  or  being  convict  to  cans  be  put  in  waird  1591  ■ 
thairintill  to  remane  ay  and  quhill  thay  mak  satisfactioun  for  thair  trespass 
conforme  to  the  lawis  and  constitutionis  maid  thairanent  off  befoir  •  ffor  exe- 
cutioun  of  the  quhilk  it  being  necessar  and  expedient  that  all  our  tolbuithis 
preasones  and  wairding  places  /  within  our  burrowis  and  vtheris  pairts  our 
realme  quhair  it  salhappin  ws  to  be  for  the  tyme  /  be  maid  patent  and  reddie 
to  our  said  Constabill  his  deputtis  and  officiaris  at  all  tymes  pertening  to  be 
adiudgeit  be  the  iurisdictioun  of  the  said  office  /  as  alsua  requisite  that  all 
magistratis  of  our  burrowis  with  diligence  gif  thair  fortificatioun  and  assist- 
ance thairto  •  Thairvpoun  we  directit  our  vtheris  lettres  vnder  our  signet 
and  handwrittis  of  ws  and  our  counsale  to  yow  and  vtheris  magistrattis  of 
all  and  sindrie  our  saidis  burrowis  chargeing  and  commanding  that  not 
allanerlie  suld  all  tolbuithis  and  wairding  houssis  be  patent  /  bot  als  that  ye 
and  thay  suld  diligentlie  concur  to  the  effect  foirsaid    Likeas  hes  bene  done 
in  all  tymes  bygaiie  to  our  Constabillis  thair  deputtis  and  officiaris  /  as  was 
cleirlie  vnderstand  and  sene  be  ws  and  our  secreit  counsal  be  sindrie  ordin- 
ances and  lettres   direct  thairvpoun  be  our  maist  nobill  progenitouris  of 
gude  memorie  •  Notwithstanding  it  hes  bene  diners  tymes  meanit  vnto  ws 
and  last  now  laitlle  that  ye  and  the   jevelouris    not    onlie  are   slaw  and 
[on]  reddie  to  mak  your  tolbuith  and  preasoun  oppin  and  reddie  to  our 
said  Constabill  his  deputtis  and  officiaris  /  and  to  concurr  and  assist  thame 

in  executi'^un  of  the  said  office  /  bot  als  oftymes  ye  and  your  clerkis  

your  selfis  ti  b*  assysoris  and  tak  administratioun  and  rewleing  of  our  saidis 


218  THE    SPALDING    CLUB    MISCELLANY.  [1591. 

Constabill  courttis  as  ye  pleis  /  maist  wrainguslie  and  violentlle  vsurpand  the 
said  honorabill  office  vpoun  yow  /  quhairof  ye  haif  na  maner  of  rycht  nor 
tytill  likeas  we  haif  sene  be  ane  transsumpt  of  your  predicessouris  obliga- 
tioun  quhairby  ye  war  faithfullie  oblist  to  vniquhill  our  rycht  traist  cousing 
Williame  Erie  of  Errole  Lord  Hay  Constabill  of  our  realme  with  all  thair 
power  to  advance  him  and  his  deputits  in  the  executioun  of  the  said  office  / 
and  at  na  tyme  to  cum  to  the  courttis  thairof  vnrequireit  or  to  hald  ony 
Courtis  your  self  or  to  attempt  ony  vther  thing  that  may  dirogat  or  diminische 
the  facultie  or  priviledge  of  the  said  Constabill  courttis  /  and  specialie  that 
our  saidis  prouest  and  baillies  for  the  tyme  nor  thair  successouris  suld  sit  nor 
knaw  vpoun  ony  actioun  of  blude  or  trubulaunce  committit  be  ony  maner  of 
persoun  within  our  said  burgh  of  Edinburgh  /  oure  predicessouris  or  thair 
successouris  being  in  the  samyn  or  within  foure  myillis  thairto  /  as  mair 
amplie  is  contenit  in  the  said  obligatioun  and  autentik  transsumpt  thairof  • 
In  contravenyng  quhairof  we  man  esteme  yow  to  do  wrang  /  and  except  ye 
abstene  thairfra  in  tyme  cumming  and  suffer  our  said  Constabill  and  his 
deputtis  frelie  to  exerse  and  vse  the  said  office  be  thame  selfis  and  thair 
officiaris  /  and  on  na  wayis  to  interpone  yow  in  ony  thing  concerning  the 
samyn  bot  quhan  your  assistance  is  craveit  /  We  will  se  sum  gude  ordour 
tane  for  oppressing  of  your  contempt  quhairvnto  we  were  laith  ye  suld  mak 
ws  forder  occasioun  •  Oure  will  is  heirfor  and  with  aduise  of  the  lordis  of 
our  secreit  counsale  we  charge  straitlie  and  commandis  yow  and  your  suc- 
cessouris /  with  all  your  clerkis  present  and  being  for  the  tyme  /  That  ye 
nor  nane  of  yow  pretend  to  enter  in  our  said  Constabill  courttis  athir  as 
iudgeis  assyisouris  or  as  rewlaris  thairin  /  bot  onelie  to  gif  your  assistance 
quhan  ye  are  requireit  be  thame  /  And  that  ye  at  na  tyme  hinder  or  mak 
impediment  to  our  said  constabill  and  his  deputtis  frelie  and  fullie  to  vse 
and  exerce  the  said  office  be  thame  selffis  on  all  occasionis  /  according  to  his 
accustumat  liberteis  and  preuiledges  of  the  samyn  grantit  be  ws  and  our 
maist  nobill  predicessouris  thairvpoun  and  as  hes  bene  frequentit  and  vsit 
be  our  Constabillis  and  thair  deputtis  in  tymes  bygane  /  as  ye  and  ilkane  of 
yow  will  declair  your  obedience  dew  to  ws  and  vnder  all  hiest  pane  charge 
and  offence  quhilk  ye  may  incur  and  inrin  aganis  our  Maiestie  in  that  be- 
half /  persuading  your  selfis  we  will  not  omit  the  pvnischement  of  your  in- 
obedience  incais  ye  or  ony  of  yow  attempt  to  do  ony  thing  in  the  contrar 
thir  our  lettres  and  charge  foirsaid  /  and  that  in  respect  of  the  priveleges  and 
honour  of  the  said  office  and  that  we  haif  sene  quhat  your  predicessouris 


1596.]  THE    ERROLL    PAPERS.  219 

oblist  thame  and  thair  successouris  to  the  same  effect  of  befor  •  Ordaining  our 
officiaris  of  arraes  to  pas  to  our  mercat  croce  of  our  said  burgh  of  Edinburgli 
and  thair  be  oppin  proclamacioun  mak  publieacioun  of  thir  our  lettres  and 
charge  abouewrittin  to  all  and  sindrie  our  liegeis  /  commanding  and 
chargeing  thame  to  reddelie  ansuer  intend  and  obey  to  our  said  Constabill 
and  his  deputtis  in  all  and  sindrie  things  concerning  thair  said  office  in 
tyme  cumming  vnder  the  panes  foirsaid  as  ye  will  ansuer  to  ws  thairvpoun  / 
deliuering  thir  our  lettres  be  yow  sene  and  considderit  agane  to  the  beirar  . 
Gevin  vnder  our  signet  and  subscriueit  with  our  hand  At  Halyrudhous  the 
aucht  day  off  December  and  of  our  regnne  the  xx  fyft  yere  •  1591  • 

James  R  • 


X. 

LETTER  KING  JAMES  VI.  TO  THE  BAILLIES  OF  LEITH.  XX  JANUARY 
MDXCVI. 

Rex  • 

Bailyeis  of  Lethe  /  This  salbe  to  latt  yow  vnderstand  that  it  is  hume-  Charge  at  Tho 

lie  meint  and  schawin  vnto  ws  be  oure  daylie  seruitour  Williame  Henrvsone  Constabilhsin- 

•  .    ,  .  stance  aganis 

Constable  deputt  of  oure  realme  That  ye  have  vsurpit  his  office  and  hes  tane  the  provest 
the  jugement  thairoff  vpone  yow  /  quhilk  on  na  wayes  pertenis  vnto  yow  /  and  bailhies  ofF 
to  sitt  and  hald  court  vpone  the  actionnes  of  slawchter  mutillacioun  drawing  his  Maiesties 
of  blude  or  trubulance  within  the  space  and  boundis  of  foure  myles  cyrcuate  ^^^'^  "°' .'» 
our  maist  royall  persoun  lykeas  the  samyn  hes  been  cleirlie  understand  oft  1595. 
and  diverss  tymes  of  befoir  vnto  ws  and  the  lordis  of  oure  secreit  counsel  / 
Quhairfoir  we  esteme  ye  have  done  wrang  in  balding  of  court  laitlie  vpon 
Johne  Schankis  induellar  in  Lethe  /  the  quhilk  we  will  se  repairit  be  yow  / 
And  that  becaus  Andro  Melveill  our  maister  of  houshald  and  Williame 
Henrysoun  our  Constable  deputt  send  ane  messinger  at  armes  to  stay  your 
last  court  anent  that  actioun  quhilk  on  na  wayis  ye  wald  obey  •  Quhairfoir 
we  command  and  chairges  yow  and  everie  ane  of  yow  /  and  thais  that  salbe 
for  the  tyme  in  your  places  /  as  ye  will  anssuer  vnto  ws  vpone  your  obedience 
and  vnder  the  panes  and  chairge  that  thaireftir  may  follow  That  ye  nor 


220  THE    SPALDING   CLUB    MISCELLANY.  [1606. 

your  successouris  in  ony  tyme  heireftir  hauld  court  cognosce  or  put  vnto 
tryall  befoir  yow  ony  of  the  foirsaidis  cryms  committit  within  the  boundis 
forsaids  be  ony  persoun  or  persounes  quhatsumevir  /  bot  licens  of  our  said 
Constable  deputt  and  his  substitutts  to  try  sic  criminall  actiounis  in  the 
Constable  court  haJdin  be  him  and  his  forsaidis  /  And  iff  ony  of  yow  heir- 
eftir interpone  your  auctoritie  to  stopp  or  mak  impediment  to  the  samyn 
done  by  yow  or  ony  of  yow  of  wilfulnes  and  nocht  of  ignorance  we  will  see 
the  samyn  reparit  and  punisitt  for  your  contempt  as  efferis  •  Be  this  our 
chairge  direct  to  yow  subscryvit  with  our  hand  •  At  our  palace  of  Halie- 
rudhous  the  xx  day  off  Januarij  1595  /  and  of  our  regne  the  twenty  nyne 
yeir  • 

James  R- 


XI. 

ACT  OF    SECRET   COUNCIL   REGARDING    THE    PRIVILEGES    OF    THE 
CONSTABLE  AND  THE  MARISCHAL.     II  JULY  MDCVI. 

Apud  Perth  secundo  die  mensis  Julij  1606  •  The  lordis  off  secreit  counsall 
having  hard  the  contraversie  betuixt  Francis  Erie  off  Erroll  Hech  Con- 
stabill  of  Scotland  on  the  ane  part  And  Mr  Dauid  Ogilvy  James  Stewart 
and  Mr  James  Ord  depuits  to  George  Erie  Mersheall  in  his  office  off 
Mairshalschip  during  the  tyme  of  this  present  parliament  on  the  vther  part 
Anent  the  prevelege  and  libertie  acclamitt  be  ather  of  thame  to  the  keiping 
of  the  keyis  of  the  parliament  hous  /  And  the  saidis  lordis  being  weill 
aduisit  with  all  that  has  bene  proponitt  and  allegit  be  baith  the  parteis  in 
this  mater  /  And  having  hard  the  relatioun  of  sindrie  persounes  the  forme 
and  ordour  obseruit  be  thame  in  preceding  parliaments  /  The  saidis  lordis 
findis  and  declairis  That  the  keiping  off  the  keyis  off  the  parliament  hous 
and  the  gairding  of  the  vtter  bar  and  yettis  thairof  appertenes  to  the  Con- 
stabill  . 


1607.]  THE    ERROLL    PAPERS.  221 


XII. 

ACT   OF  SECRET    COUNCIL   REGARDING    THE    PRIVILEGES    OF    THE 
CONSTABLE  AND  THE  MARISCHAL.      XXXI  JULY  MDCVIL 

Apud  Edinburgh  vltimo  Julij  1607  .  Forasmekle  as  some  motioun  being 
maid  be  George  Erie  Marshall  to  the  lordis  of  his  Maiesteis  secrete 
counsal  anent  some  preiudiee  allegit  done  to  him  be  the  saidis  lordis  in  the 
previlege  of  his  office  of  marshallship  /  the  tyme  of  the  last  parliament  haldin 
at  Perth  /  by  finding  that  the  keyis  of  the  parliament  hous  aucht  to  be 
delyuerit  and  keipit  be  the  Lord  Constable  /  quhilk  the  said  Erl  Marshall 
allegit  to  be  dew  vnto  him  be  the  previlege  of  his  office  and  continewall 
bygane  custome  /  and  anent  ane  ambigous  word  mentionat  in  the  saidis 
lordis  decrete  and  sentence  beiring  that  the  garding  of  the  vtter  bar  of  the 
parliament  hous  appertenes  to  the  Constable  /  And  William  Hay  agent 
and  servitour  to  the  said  Lord  Constable  being  callit  and  hard  in  this 
mater  /  and  all  that  the  said  Lord  Marshall  and  he  haid  to  say  or  allege 
being  hard  be  the  saidis  lordis  and  thay  being  ryplie  advysit  thairwith  and 
with  thair  former  sentence  alredy  gevin  in  this  mater  in  the  tyme  of  the 
said  parliament  of  Perth  /  The  lordis  of  secrete  counsall  /  for  eschewing  of 
heit  stryffe  and  contentioune  betuix  the  saidis  Lordis  Marshall  and  Constable 
and  thair  deputtis  and  for  explanatioun  of  thair  first  act  and  sentence  foirsaid 
gevin  in  this  mater  /  declairis  a^of  befoir  that  the  keiping  of  the  keyis  of 
the  vtter  yettis  of  the  parliament  hous  appertenes  to  the  Lord  Constable 
and  the  gairding  and  keiping  of  the  vtter  yettis  of  the  parliament  appertenes 
to  the  Lord  Constable  /  and  that  he  and  his  deputtis  hes  the  charge  and  com- 
mandment of  all  outwith  the  yettis  of  the  parliament  hous  /  And  that  the 
meining  and  intentioun  of  the  saidis  lordis  bye  the  word  lutter  bar  wes 
nothing  ellis  bot  the  wtter  yeattis  /  And  siclyk  declairs  that  the  gairding  of 
the  inner  bar  and  the  charge  of  all  within  the  yeattis  and  duris  of  the  par- 
liament hous  appertenes  to  the  Lord  Marshall  /  And  ordanes  this  decrete 
and  sentence  to  stand  but  preiudiee  of  ony  of  the  saidis  parteis  richtis  and 
titles  ay  and  quhyill  thair  richtis  and  titles  and  that  ane  cleir  and  perfyte 
decisioun  be  gevin  vpoun  the  previlige  of  thair  offices  anther  be  judges  be 
commissioun  from  the  parliament  or  than  be  judges  compitent  as  accords 
of  the  law . 


222  THE    SPALDING   CLUB   MISCELLANY.  [1627 


XIII.  ^ 

COMMISSION  BY  KING  CHARLES  I.  TO  ENQUIRE  INTO  THE  HONOURS 
AND  PRIVILEGES  OF  THE  OFFICE  OF  HIGH  CONSTABLE.  II  MAY 
MDCXXVIL 

Charles  R- 
Comraissionby  Our  Soueraigne  Lord  considering  how  the  office  of  High  Con- 

King  Charles    stable  within  his  Maiesties  kingdome  of  Scotland  hath  euer  been  from  the 
the  Lord  begining  thereof  the  most  honorable  and  cheef  office  of  the  Crown  cheeflie 

Chancelour       jjj  maters  of  warrfare  (the  said  office  being  of  all  others  the  most  auncient 
his  privie         ^^^  likewise  a  great  badge  and  mark  of  a  free  auncient  and  warlike  nation) 
councill  in        And  his  Maiestie  now  considering  how  by  the  long  continuance  of  an 
relation  to"the  hS'Ppie  peace  in  his  Maiesties  said  kingdome  the  honours  priueledges  and 
dignities  and     immunities  due  and  properlie  belonging  to  the  said  office  of  High  Constable 
th'^H  fi*r°     ^^^  encroched  vpon  by  manie  others,  and  much  infringed  from  what  they 
stable  of  Scot-  forraerlie  were,  contrarie  to  his  Maiesties  royall  intention  which  is  rather 
''*"m'      ifiQ?     ^'^  encouradge  the  posteritie  of  those  well  deseruing  and  famous  men  (in 
whose  persones  these  honorable  offices  were  first  established)  to  an  aemula- 
tion  of  the  like  vertue,  then  otherwise  by  discouradgeing  of  them  to  suffer 
their  honours  and  priueledges  so  acquired  by  them  for  the  credite  and 
safetie  of  the  said  kingdome  to  be  aniewise  retrinched  /  His  Maiestie  ther- 
for  being  most  willing  to  see  the  integritie  and  fuUnesse  of  that  office  of 
High  Constable  setled  in  the  person  of  his  Highnesse  right  trusty  and 
welbeloued  cousin  and  counsellor  the  Earle  of  Erroll  now  High  Constable 
of  the  said  kingdome  (he  being  lineallie  discended  from  the  first  person  of 
that  noble  and  ancient  race)  Ordaines  a  lettre  of  commission  to  be  exped  / 
vnder  his  Maiesties  great  scale  of  the  said  kingdome  /  giuand  and  granteand 
likeas  his  Maiestie  be  thir  presents  giues  and  grantes  full  power  and  com- 
mission to  Sir  George  Hay  of  Kinfaunes  knight  lord  chanceler  of  the  said 
kingdome,  John   Earle  of  Mar  thesaurer,  James   Marquis   of  Hamiltoun, 
George  Marquise  of  Huntlie,    George    Earle    of  Wintoun,     Alexander 
Earl  of  Linlightgow,   John  Earle  of  Wigtoun,  James  Lord   Coluill,   Sir 
Archbald  Naper  of  Merchestoun  knight  thesaurer  deputie,  Sir  James  Skein 
president  of  the   Colledge  of  Justice,    Sir    Andro    Fletcher,    Sir   George 
Auchinleck,  Sir  Archbald  Achesone  knights  and  senatours  of  the  said  Col- 


1627.]  THE    ERROLL    PAPERS.  223 

ledge  of  Justice,  Sir  Henrie  Bruce  knight  generall  of  his  Maiesties  ar- 
telerie,  and  Mr  Thomas  Hope  one  of  his  Maiesties  aduocates,  or  to  any 
six  of  them  with  the  said  Earle,  and  his  Maiesties  right  trusty  and  wel 
beloued  the  Lord  Haye  his  sonne  or  anie  one  of  them  two  to  meete  and  con- 
veene  at  whatsoeuer  dayes  times  and  places  convenient  And  to  try  cognosce 
and  considder  by  the  lawes  and  actes  of  parliament  or  by  former  order  and 
conswetude  of  that  his  Maiesties  kingdome  or  by  the  auncient  monuments 
registers  roUes  and  recordes  thereof  or  by  anie  right  title  or  euidence  what- 
soeuer that  the  said  Earle  or  his  said  sonne  can  produce  or  otherwys  mak  ap- 
pear what  haue  been  the  auncient  and  accustomed  honours  hostiladges 
priueledges  fees  and  immunities  belonging  or  which  did  at  anie  time  proceed- 
ing belong  to  the  said  office  of  High  Constable  And  wherein  the  honours 
prerogatives  and  immunities  belonging  or  which  did  belong  to  that  office 
are  retrinched  and  diminished  from  the  ancient  and  former  course  keept  by 
that  office  or  which  hath  been  giuen  therevnto  either  at  the  first  institution 
thereof,  or  at  any  time  thereafter  till  this  present  time ;  And  particularlie  to 
considder  the  honours  priueledges  and  immunities  belonging  to  the  said 
office  both  in  time  of  peace  and  warre,  and  the  priueledges  and  honour  due 
therevnto  about  his  Maiesties  person  or  where  the  royall  authoritie  is  re- 
presented either  in  parliament  great  convention  counsell  or  otherwise  ;  And 
if  the  said  commissioners  can  not  find  by  euident  proof  or  by  ancient  mo- 
numents registers  and  records  or  otherwise  in  maner  aboue  wreitten  how 
to  cleare  the  honours  priueledges  and  immunities  which  haue  been  knowen 
or  should  properlie  belong  to  the  said  office  of  High  Constable  :  His  Maies- 
tie  doth  bereby  giue  further  power  to  the  said  commissioners  to  considder  in 
so  farr  as  they  can  convenientlie  the  priueledges  honours  and  immunities 
belonging  to  the  like  office  in  any  other  kingdome  and  how  farr  they  or 
anie  of  them  may  be  thought  fitt  to  be  added  to  the  said  office  of  High 
Constable  hauing  alwise  a  respect  how  the  same  may  best  stand  and  be 
agreeable  to  the  lawes  and  custome  of  the  said  kingdome ;  And  to  the  effect 
the  said  commissioners  may  the  more  exactlie  try  the  truth  concerning  the 
premisses  his  Maiestie  giues  full  power  vnto  them  or  anie  of  them  (if  need 
be)  to  search  all  the  said  recordes  and  registers,  ffor  doing  whereof  his 
Maiestie  by  these  presentes  doth  speciallie  warrant  and  command  the  keep- 
ers thereof;  And  finallie  with  power  to  them  in  maner  foresaid  to  cognosce 
and  considder  such  orders  priueledges  and  immunities  which  for  the  credite 
of  the  said  kingdome  may  best  fitt  the  present  estate  of  the  time  to  be  added 

2  F 


224  THE    SPALDING   CLUB    MISCELLANY.  [1627. 

vnto  the  said  office  of  High  Constable ;  And  after  due  and  mature  con- 
sultation and  deliberation  anent  the  premisses  That  they  draw  vp,  and  sett 
down  vnder  their  handes  their  opinion  and  iudgement  concerning  the  same 
in  several  articles  togidder  with  their  aduise  and  overtures  for  remed  of 
the  defects  in  the  said  office,  And  to  report  the  same  to  his  Maiestie  betuixt 
this  and  the  first  day  of  Januar  next  following  To  the  effect  his  Maiestie 
may  thereafter  tak  such  order  concerning  the  same  as  may  serue  to  the 
full  and  perfyt  establishment  of  the  said  office  in  all  the  honours  priue- 
ledges  benefice  and  immunities  which  haue  been  knowen,  should  or  may  pro- 
perlie  belong  to  the  said  office  of  High  Constable,  And  thir  presentes 
shalbe  sufficient  warrant  for  appending  his  Maiesties  great  seale  without 
passing  the  rest  of  the  seales  /  Giuen  at  his  Maiesties  court  at  Whitehall 
the  second  day  of  May  1627  • 

May  it  please  your  Maiestie 

These  containe  a  commission  to  the  persones  abouenamed  to  try 
the  honours  priueledges  etc.  belonging  or  which  did  belong  to  the  office  of 
High  Constable  of  Scotland  ;  with  power  (if  need  be)  to  search  the  registers 
and  roUes  for  better  clearing  thereof  ;  And  to  try  in  so  farr  as  they  can  con- 
venientlie,  what  are  the  honours  priueledges  etc.  belonging  to  the  like  office 
in  forrain  kingdomes.  And  how  farr  anie  of  them  are  fitt  to  be  added  to  the 
said  office,  hauing  respect  how  the  same  may  be  agreeable  to  the  lawes  and 
customes  of  that  kingdome,  And  generallie  with  power  to  them  to  try  what 
other  thinges  in  their  iudgement  are  fitt  to  be  added  to  the  said  office  ;  with 
command  (after  they  have  considered  the  premisses)  to  certifie  bak  their 
opiniones  therein  and  that  betwixt  this  and  the 

Sr  W  Alexander. 

[In  the  charter  room  at  Slaines  there  is  preserved  another  commission  by 
King  Charles  I.,  under  the  great  seal ;  which,  as  it  is  in  the  very  same  terras 
with  the  preceding  (No.  XIII.)  is  not  printed  here.  It  is  dated  at  Whyt- 
hall,  the  twenty-third  of  June,  1630  :  The  commissioners  appointed  are 
George  Viscount  of  Dupline,  chancellor  ;  the  Earl  of  Mortoun,  treasurer ; 
the  Earl  of  Monteith,  president  of  the  privy  council ;  the  Marquis  of  Ha- 
miltoun  ;  the  Marquis  of  Huntly  ;  the  Earl  of  Wintoun  ;  the  Earl  of  Lin- 
lithgow ;  the  Earl  of  Wigtoun  ;  the  Lord  Naper,  treasurer-depute ;  Sir 
Archibald   Aitchesone  of   Glencairnie,   secretary ;    Sir   Thomas   Hope  of 


1631.]  THE    ERROLL    PAPERS.  225 

Craighall,  the  King's  advocate  ;  Sir  James  Sisene  of  Curriehill,  president 
of  the  college  of  justice  ;  Sir  Andrew  Flescher  of  Innerpeifer  ;  Sir 
George  Auchinleck  of  Balmanno ;  Sir  Henry  Bruce,  colonel :  And  they 
are  commanded  to  report  to  his  Majesty  before  the  first  of  December, 
1631.  It  seems  to  have  been  under  this  second  commission  that  the 
report  (No.   XIV.)  which  follows  was  made.] 


THE  REPORT  OF  THE  COMMISSIONERS  APPOINTED  BY  KING 
CHARLES  I.  TO  ENQUIRE  INTO  THE  HONOURS  AND  PRIVILEGES 
OF  THE  OFFICE  OF  HIGH  CONSTABLE.     XXVII  JULY  MDCXXXL 

Most  sacred  Soueraigne 

According  to  the   warrand  and  directioun  of  the  commissioun.  Report  and 

granted  be  your  Maiestie  vnto  ws,   for  tryall  takinff  of  the  honnouris  and  ".■'t'cles  anent 

.  .  .     .  the  previ- 

previledges  due  to  the  office  of  Heigh  Constable  within  this  kingdome  ;  ledo-es  of  the 

Wee  haif  keept  sindrie  dyetis  and  meetingis    (where    the  now   Earle  of  °^'^^  "^  Heich 

ErroU  wes  present)    And  having  hard  and  considerit  his  clayme  and  the  27  July  1631.' 

instructionis  and  warrandis  produced  by  him  for  verifeing  of  the  same.   And 

having  lykewayes  informed  oure  selfFes  what  the  custome  of  other  cuntreyis 

allowis  in  the  lyke  caises ;   Wee  haif  heirby  thoght  goode  to  sett  doun  in 

articles  oure  opinioun  and  iudgement  concerning  the  saidis  previledges, 

and  thairwithall  to  certifie  your  Maiestie  of  what  wee  conceave  to  be  due 

and  belonging  to  the  said  Constable  in  the  right  of  his  office. 

1.  In  all  royall  armyis  and  expeditionis  The  Constable  in  the  right  of 
his  office  is  lieutennant  generall  and  supreame  officiar  nixt  vnto  the  King  / 
He  hes  the  command  directioun  and  governament  of  the  armye,  and  is 
proper  and  sole  iudge  in  all  militarye  aflPaires  and  in  all  actiones  concerning 
the  capitanes  lieutennants  thair  officiaris  and  companyis  induring  thair 
imployment  or  pay  in  the  Kingis  seruice ;  And  that  according  to  the  cus- 
tome vniversallie  observed  in  other  cuntreys  / 

2.  It  appeares  that  in  former  tymes  heir  The  Constable  had  precedencye 
and  place  nixt  vnto  the  chancellair,  with  prelatioun  to  all  other  officiaris 
whatsomeuer ;   And  so  far  as  we  can  learne  thay  haif  bene  in  possessiouii 


226  THE    SPALDING    CLUB    MISCELLANY.  [1631. 

of  the  same,  till,  of  late  yeiris,  that  your  Maiesteis  darrest  father  of  ever 
blessed  memorie  wes  pleased  to  prefer  the  late  Earle  of  Dumbar  to  be 
heio^h  thesaurah-  of  this  kingdome,  and  that  your  Maiesteis  self  sensyne 
advanced  the  late  Earle  of  Montrose  to  be  president  of  your  counsaill,  and 
the  Earle  of  Haddingtoun  to  be  lord  previe  seale,  Ordayning  thame,  in 
the  rio-ht  and  warrand  of  thair  oiBceis,  to  tak  place  successivelie  in  order 
nixt  vnto  the  chancellair  /  Lyke  as  thair  successouris  in  the  saids  offices 
presentlie  enjoye  the  same  / 

3.  The  Constable  is  supreame  iudge  in  all  materis  of  ryot  disordour 
bloode  and  slaughter  committed  within  four  myllis  of  the  Kingis  persone, 
or  of  the  parliament  or  counsaill  representing  the  royall  auctorltie  in  his 
Maiesteis  absence,  and  that  alswele  within  the  court  as  outwith  the  same. 
And  the  tryell  and  punishement  of  suche  crymes  and  offences  is  proper  and 
due  to  The  Constable  and  his  deputtis,  And  the  provest  and  baillies  of 
that  citie  or  burghe  and  all  other  iudges,  within  the  boundis  where  the 
saidis  facts  ar  committed,  ar  obliged  to  ryse  concur  fortifie  and  assist  The 
Constable  and  his  deputts  in  taking  of  the  saids  malefactouris,  and  to  mak 
thair  tolbuithe  patent  for  ressaving  thame  thairin ;  As  wes  cleirlie  verified 
by  productioun  of  warrandis  granted  by  your  Maiesties  predeeessoris  to 
that  effect,  and  whiche  lykewayes  appeared  by  the  exhibitioun  of  certane 
bandis  maid  be  the  toun  of  Edinburgh  to  The  Constable  for  the  tyme  con- 
cerning that  purpos. 

4.  The  Constable  hes  the  charge  and  guarding  of  the  Kings  persone 
in  tyme  of  parliament  or  conventioun,  And  the  keeping  of  the  parliament 
house  is  committed  vnto  The  Constable,  and  the  keys  thereof  delyverit  vnto 
him  for  that  effect  /  Lykeas  he  hes  the  cheiff  command  of  all  guardis  and 
men  at  armes  attending  vpoun  the  Kings  persone  at  suche  tymes. 

5.  In  tyme  of  parliament  The  Constable  rydis  vpoun  the  Kings  right 
hand  and  caryes  a  whyte  batton  in  token  of  command,  and  accordingHe 
sitteth  apairt  from  the  rest  of  the  nobilitye  vpoun  the  Kings  right  hand  / 
having  the  Honnouris  lyand  besyde  him. 

6.  Before  the  threttene  parliament  of  King  James  the  Secund  The  Con- 
stable wes  in  possessioun  of  taking  distress  of  all  maner  of  goodis  boght  or 
sauld  in  mercatt  the  tyme  of  sessioun  generall  counsall  and  parliament  / 
Whiche  being  at  that  tyme  discharged  vntill  The  Constable  should  cleir  his 
rio-ht  to  the  same  in  the  nixt  following  parliament  /  Wee  find  that  in  the  table 
of  the  vnprinted  acts  of  the  fourtene  parliament,   thair  is  mentioun  maid  of 


1631.]  THE    ERROLL    PAPERS.  227 

ane  act,  tuitcheing  the  taking  of  stresses  by  The  Constable,  bot  can  find  no 
record  thereof  exstant  in  the  register.c 

7.  In  the  originall  chartour  granted  be  King  Robert  the  First  of  glo- 
rious memorie  to  Gilbert  Lord  Hay  first  Constable  of  that  name  and 
ancestour  to  this  Earle  of  ErroU  /  Wee  find  the  office  of  Constabularye  to  be 
gevin  vnto  him  cum  Hostilar/iis  as  a  mayne  and  principall  priviledge  be- 
longing to  the  said  office  /  Whiche  being  a  word  absolete  and  out  of  vse, 
and  wee  not  knawing  perfytlie  the  genuine  sense  and  meaning  thereof,  and 
whither  the  same  doeth  import  the  libertie  and  right  of  a  ludgeing  deulie 
furnished  and  appointed  within  the  Kings  house  (as  manye  doe  suppose),  or 
of  ane  house  in  euerye  toun  where  the  King  did  remayne,  or  if  there  be 
ony  vther  previledge  or  casualitye  thairby  implyed  /  Wee  haif  in  that  regaird 
forborne  to  delyuer  our  opinionis  concerning  the  same,  as  alsua  anent  the 
putting  of  the  crowne  vpoun  the  Kings  heade  the  tyme  of  the  corona- 
tion ;  Whiche  with  sindrie  other  previledges  ar  acclaymed  by  The  Constable 
to  be  due  vnto  him  in  the  right  of  his  office,  and  whereof  as  he  alleadges 
his  predecessouris  hes  bene  preiudged,  and  the  same  broght  in  discontinu- 
ance, be  reassoun  of  the  manye  ecclypses  whiche  that  noble  house  fra  tyme 
to  tyme  hes  suffered  vpoun  occasioun  of  the  vntyraous  death  of  the  most 
pairt  of  his  predicessouris,  who,  oute  of  thair  zeale  to  the  Kings  seruice  and 
honnour  of  thair  countrey,  did  worthielie  end  thair  dayes  in  battell,  before 
they  could  gayne  the  oppertunitie  of  tyme,  or  rypnes  of  yeiris,  to  satle  thair 
estaites  and  to  vindicat  the  liberties  due  to  thair  place  and  office. 

And  thus  for  ane  accompt  of  our  proceidingis  in  the  executioun  of  the 
commissioun  direct  be  your  Maiestie  vnto  ws,  whiche  wee  humblie  offer  to 
your  Maiesties  royall  consideratioun,  praying  God  to  bliss  your  Maiestie 
with  many  long  and  happy  yeiris  /  From  Halyrudhouse  the  tuentie  sevint 
day  of  Julij    1631. 

Duplin  Sr  J  Skene 

WiNTouN  Arch  :  Acheson 

Linlithgow  A  Fletcher 

WiGTOUNE  Sr  Thomas  Hope 

Naper  G  Balmanno 

Henry  Brus 

(U  [The  act  alluded  to  will  be  found  in  Mr.  Thomson's  edition  of  The  Acts  of  the  Par- 
liaments of  Scotland,  vol.  ii.,  p.  50.  It  is  in  similar  terms  with  that  passed  in  the  previous 
parliament,  and  printed  above,  p.  212.] 


228  THE    SPALDING    CLUB    MISCELLANY.  [Ifi31 


THE  PROTEST  OF  THE  EARL  MARISCHAL.   XXI  JULY  MDCXXXI. 

Apud  Halyrudhouse  vigesimo  primo  die  raensis  Julij  anno  Domini 

jm.  vjc.  tregesimo  primo 

Protest  for  the       The  quhilk  day   in  presence  of    George   Viscount   Duplin  lord  chan- 

Earl  Maris-      cellair  /  George   Earle  of  Wyntoun  /  Archibald  Lord    Naper  /  Sir  James 

encroachments  Skeene  of  Currihill  knight  barronet  president  of  the  sessioun  /  Sir  Archi- 

upoii  his  office  bald  Achiesone  of  Glencairny  knight  barronet  secretarye  to  his  Maiestie  / 

bended  upon     Sir  ^ndro  Flesher  of  Innerpeffer  knight  /  and  Sir  George  Affleck  of  Bal- 

the  report  of    manno  knight  senatouris  of  the  coUedge  of  justice  /  and   Sir  Harye  Bruce 

the  commis^^    knight   colonell  /  commissioneris  appointed  by  warrand  from  his   Maiestie 

the  dues  and     vnder  the  grite  seale,  for  cognoscing  and  tryall  taking  of  the  rights  and 

pnvdeges  of     previledges  due  to  the  office  of  Heigh  Constable  within  this  kingdome  /  and 

Constable.        report  making  thereof  to  his  Maiestie  in  maner  and  to  the  eifect  contenit  in 

21  July  1631.   j.]^g  commissioun  direct  vnto  thame  for  that  purpois       Compeirit  personalie 

Robert  Keyth  writer  to  his  Maiesties  signet  as  procuratour  for  Williame 

Earle  Marshaell  and  in  name  and  behalif  of  the  said  Earle  protested   That 

nothing  to  be  done  be  the  saidis  commissioneris  in  the  tryall  and  report  to 

be  maid  be  thame  to  his  Maiestie  tuitcheing  the  previledges  due  to  the  office 

of  Constabularye,  should  be  prejudiciall  to  the  said  Earle  anent  the  rights 

liberties  and  previledges  due  and  belonging  vnto  him  in  the  right  of  his 

office  as  Marishall  of  the  kingdome  /  quhairof  he  and  his  predecessouris  hes 

bene  in  possessioun  /  or  whiche  hes  bene  contraverted  and  not  decydit  and 

whairunto  it  salbe  fund  after  laughfull  tryall  that  the  said  Earle  hes  iust 

right    Quhilk  protestatioun  the   saidis   commissioneris  thought   reassoun- 

able   Whairupoun  the  said  Robert  Keyth  in  name  and  behalff  foirsaid  askit 

and  tooke  instrumentis  in  the  handis  of  me  Mr  Gilbert  Prymerose  clerk  of 

his  Maiesties  secreit  counsaill  and  clerk  to  the  commissioun  before  men- 

tionat     The  whiche  to  be  of  veritie  I  testifie  by  this  my  signe  and  sub- 

scriptiouu  manuall  • 

M  G  Prymero.se 


1633.]  THE    ERROLL    PAPERS.  229 


LETTER  FROM  KING  CHARLES  L   TO  THE  LORDS  OF  THE  PRIVY 
COUNCIL.     XI  MAY  MDCXXXIIL 

Charles  R  • 

Right  trustie  and  weilbeloued  cousin  and  counseller,  right  trustie  xi  Maij  1633. 

and  weilbeloued  cousins  and  counsellers,  and  trustie  and  weelbeloued  coun-  .^  "t""      '" 

the  Kmgis 
sellers    Wee   greet  yow  weell   Whereas   according  to  our  commission  of  Maiestie  to 
the  first  of  Julij  1631,  directed  to  certane  commissioners,  for  trying  what  pri-  "^'^  Fiyii- 
viledges  and  dignities  belong  to  the  office  of  Heich  Constabularie  of  that  favouris  of  the 
our  kingdome  report  hes  beene  made  vnto  ws  of  what  is  justlie  dew  vnto  the  ^°"'  Consta- 
said  office,    Wee  doe  approve  the  same     Bot  vnderstanding  there  are  other  \„g-  ti,p  repoi-t 
dio-nities  and  charges  whiche  doe  belong  vnto  our  Heich  Constable,  at  the  anent  the  pri- 
tyme  of  our  coronation,  whiche  the  saids  commissioners  have  not  taken  to  Constabillis 
thair  consideration,  whiche  he  alledgeth  doeth  lykwayes  belong  to  his  office,  plaice. 
As  yow  may  knaw  by  that  part  of  the  Booke  of  the  Coronation  margined, 
whiche  he  will  produce  vnto  yow.  Wherein  yow  will  find  particularelie  men- 
tioned, what  he  thinks  belongs  vnto  him  ■  Our  pleasure  is  that  yow  take  the 
premisses  into  your  serious  consideration,  and  if  yow  find  his  allegationis 
iust  that  yow  authorise  him  for  discharging  of  the  same,   and  whatsomever 
els  yow  find  to  be  iustlie  dew  to  his  place.  That  no  hinderance  or  trowble  be 
in  the  execution  thairof  at  our  being  there,   Whiche  recommending  to  your 
care  Wee  bid  yow  fareweill,  from  our  court  at  Theobalds  the  xi   of  May 
1633- 


XVII. 

THE  REPORT  OF  THE  LORDS  OF  THE  PRIVY  COUNCIL. 

Most  sacrit  Soveraigne 

Your  Majestys  letter  of  the  4th  MarchC)  concerning  your 
Majestys  coronation,  together  with  the  form  of  the   said  coronation,  was 

(1)  [This  letter,  which  it  has  been  considered   unnecessary  to  print,  may  be  found  in 
the  Historical  Works  of  Sir  James  Balfour,  the  Lord  Lyon,  vol.  iv.,  pp.  372,  373.] 


230  THE    SPALDING    CLUB    MISCELLANY.  [1633. 

delivered  unto  us  upon  the  26th  of  the  same  moneth  be  James  Max- 
wall  of  Kudderwick  one  of  your  Majestys  bed  chamber,  and  after 
perusall  and  readuig  of  the  said  letter  and  forme  of  coronation  William 
Earl  of  Erroll  your  Majestys  High  Constable  of  this  kingdom  finding  nether 
himself  nor  his  office  any  ways  mentionat  therin  did  exhibite  a  supplication 
unto  us  setting  furth  That  as  by  his  office  he  is  High  Constable  of  this  king- 
dom and  consequently  cheiff  swordman  therein  so  the  ceremonies  concern- 
ing the  sword  are  only  performable  by  him  att  your  Majestys  said  corona- 
tion, and  that  the  honours  priviledges  and  dignitys  concerning  the  sword 
are  only  due  and  proper  to  him  in  the  right  of  his  said  office,  and  therfore 
did  intreat  us  to  mantain  him  in  the  possession  and  excercie  of  his  said 
office  at  the  said  coronation  as  by  his  supplication  more  at  large  does 
appear ;  And  in  regard  your  Majestys  said  letter  did  require  us  to  give 
order  to  such  of  your  Majestys  officers  as  have  ony  charge  in  your  Ma- 
jestys said  coronation  to  be  cairefull  in  the  execution  and  discharge  of  their 
severall  services  wherewith  they  are  intrusted,  and  so  to  compose  all 
differences  as  that  glorious  action  may  be  performed  in  good  order  to  your 
Majestys  contentment  and  for  the  credite  of  this  your  Majestys  ancient 
kingdom  :  Therefore  we  in  humble  obedience  of  your  Majestys  said  direc- 
tions have  at  large  considered  of  the  said  Lord  High  Constable  his  suppli- 
cation and  of  his  said  office,  and  do  find  that  he  in  the  right  of  his  place  is 
livetennant  generall  and  supreme  officer  next  unto  your  Majesty  having 
the  command  and  goverment  of  your  Majestys  armie  within  this  kingdom, 
and  that  he  is  only  judge  in  all  military  affairs  and  in  all  actions  concerning 
the  officers  and  companies  of  the  said  armie  and  of  all  ryot  disorders  blood 
and  slaughter  committd  within  four  miles  of  your  Majestys  sacred  person 
or  of  your  Majestys  parliament  or  councill  representing  the  royall  authority, 
and  that  unto  him  doeth  belong  the  guarding  of  your  Majestys  own  royall 
person  in  time  of  parliament  or  coronation,  together  with  the  command 
of  all  guards  and  men  at  arms  attending  upon  your  Majesty  at  such 
publick  times,  and  that  the  keys  of  the  parliament  house  ought  to  be 
committed  to  his  keeping,  and  that  in  time  of  parliament  he  ought  to  rid 
upon  your  Majestys  right  hand  and  carry  a  white  batoun  in  taken  of  his 
command,  and  that  he  ought  to  sit  in  the  parliament  house  apart  from  the 
rest  of  the  nobility  upon  your  Majestys  right  hand  having  the  Honours 
lyino-  beside  him ;  All  which  we  humbly  represent  to  your  Majestys  royall 
consideration  whereby   your   Majesty    may  be  graciously  pleased  to  give 


1633.]  THE    ERROLL    PAPERS.  :231 

order  for  preserving  the  said  High  Constable  his  llbertys  and  privlledges 
als  weel  In  the  coronation  as  parliament  and  conventlones,  he  being  your 
Majestys  chelff  officer  unto  whom  all  the  ceremonies  of  the  sword  and 
honours  of  the  said  office  do  duely  and  properly  belong  so  far  as  we  can 
learn  or  find  by  matter  of  record  or  otherways,  and  the  rather  because  we 
do  perceive  in  your  Majestys  said  High  Constable  a  most  noble  and 
generous  zeal  to  imitate  the  honour  and  glory  of  his  noble  progenitors 
whose  famous  and  valorous  actions  in  time  of  warr,  and  wisdom  and  virtues 
in  time  of  peace  and  at  all  publick  solemnitys,  did  not  only  merit  and 
dignifie  the  said  office,  but  also  hath  hitherto  ever  honourably  preserved  the 
same  in  reputation,  without  any  spott  or  blemish,  since  their  first  patent 
therof  granted  be  King  Robert  the  Bruce  untill  Gilbert  Lord  Hay  first 
Constable  of  that  name,  to  whom  the  said  William  now  Earl  of  ErroU  by  a 
long  continued  descent  hath  linealy  succeeded  in  the  said  office,  after  the 
death  of  many  of  his  noble  ancestors,  killed  in  the  warrs  and  services  of 
your  Majestys  most  noble  progenitors,  deservedly  recorded  with  com- 
mendation to  all  posterity  by  the  histories  and  records  of  this  your  ancient 
kingdom ;  So  praying  God  to  bless  and  prosper  your  Majesty  in  all  your 
royall  affairs  and  with  a  long  and  happy  reigne  over  us  we  humbly  tack  our 
leaves  and  sail  ever  rest  as  in  duty  bound  to  be 

Your  Majestys  most  humble  and  faithfull  servants  and  subjects  • 


LITERA  REGIS  VVILLIELMO    COMITI    ERROLIE    PRO    PARLIAMENTO. 
I  MAII  MDCXXXIII. 

Carolus  Dei  gratia  Magne  Britannic  Francie  et  Hibernie  Rex  fideique 
defensor  predilecto  nostro  consanguineo  Willielmo  Comiti  Errolie  salutem  • 
Quia  ordinavimus  parliamentum  nostrum  tenendum  apud  Edinburgum  et 
inchoandum  die  Martis  decimo  octavo  die  raensis  Junij  proxime  futuri  cum 
continuatione  dierum  /  vobis  precipimus  et  mandamus  quatenus  sitis  ibidem 
dicto  die  in  dicto  nostro  parliamento  una  cum  alijs  regni  nostri  prelatis  pro- 
ceribus  et  burgorum  commissionarijs  qui  propter  hoc  intererint  congregati 
ad  tractandum  subeundum  concordandura  et  determinandum  in  dicto  nostro 


232  THE    SPALDING   CLUB   MISCELLANY.  [1633. 

parliamento  ea  que  pro  utilitate  dicti  regni  nostri  et  reipublice  tractanda 
fuerint  concordanda  subeunda  et  determinanda  •  Et  hoc  sub  pena  que  com- 
petere  poterit  in  hac  parte  nullatenus  omittatis  •  Datum  sub  testimonio  nos- 
tri raagni  sigilli  •  Apud  Halyrudhouse  prime  die  mensis  Maij  et  anno  regni 
nostri  nouo  •  1633- 

In  dorso  ■  Willielmo  Comiti  Errolie  pro  parliamento- 


ACT  OF  SECRET  COUNCIL  REGARDING  THE  RIGHTS  OF  THE 
CONSTABLE.      XVII  JUNE  MDCXXXIII. 

Apud  Halyrudhous  decimo  septimo  die  mensis  Junij  anno  Dorainj 
millesimo  sexcentesimo  trigesimo  tertio 
Act  of  secreit  The  lordis  of  secreit  counsel!  haueing  at  lenth  hard  the  defences  betuixt 
comisell  for  William  Erie  of  Erroll  Lord  Heigh  Constable  of  this  kingdome  on  the  ane 
stable  Ms  ""  '^BAVi  And  Williame  Erie  Marschall  on  the  vther  pairt  Anent  the  liberties 
guarding  and  priveledges  and  extent  of  thair  offices  respective  in  guarding  of  the  parlia- 
keipmg^of  ^  e  ^^^^  \io\i?,  dureing  the  sitting  of  the  parliament  And  the  saidis  lordis 
parliament  haveing  lykwayes  red,  hard,  and  considderit  the  actis  of  privie  counsell  for- 
'^""^'  merly  past  in  this  matter  And  haveing  also  consulted  the  Kingis  most  ex- 

cellent Majestie  thairanent  And  both  the  saidis  parties  being  at  lenth  hard 
befor  his  Majestie  And  all  that  they  or  aither  of  them  could  propone  and 
alledge  anent  the  liberties  and  priveledges  of  thair  said  office  and  extent 
thairof  being  considderit  be  his  Majestie  and  his  Majestie  being  thairwith 
Weill  advysit  The  Kingis  Majestie  with  advyse  of  the  lordis  of  privie 
counsell  findis  decernes  and  declares  That  the  keiping  of  the  keyes  of  the 
parliament  hous  And  the  haveing  of  ane  guard  without  the  hous  for 
o-uardino-  of  the  sameu,  properly  belongis  to  The  Lord  Constable  And  that 
he  shall  have  only  sex  men  within  the  hous  for  guarding  and  oppening  of 
the  vtter  gaite  And  of  thir  sex  men  that  thrie  be  on  aither  syde  of  the 
vtter  gaite  of  the  parliament  hous  And  that  thair  be  ane  stoupe  set  vp 
vpoun  the  braid  staires  of  the  parliament  hous  to  be  ane  marche  betuixt 
the  said  Constable  and  Marshall  and  thair  guardes  And  siclyk  findis  and 
declares  That  the  guarding  of  the  parliament  hous  within  from  the  stoupe 


I634.J  THE    ERROLL    PAPERS.  233 

forsaid  to  the  barr  belongis  to  The  Marschall  And  decernes  both  the  saidis 
pairties  to  coiiforme  themselwis  to  this  present  act  and  ordinance  so  that  no 
matter  of  contest  fall  out  betuixt  thame  and  thair  serwandis  vpoun  this 
occasioun  heireftir. 

Extractum  de  libris  actorum  secret]  consilij  S  :  D  :  N  :  Regis  per  me 


XX. 

LETTER  FROM  KING  CHARLES  L  TO  THE  LORDS  OF  SESSION. 
XVI   MAY  MDCXXXIV. 

Charles  R  • 

Richt  trustie  and  weilbelowit  coosine  and  counseller  and  trustie  [and]  C'opie  of  the 

weUbelowit   We  ereit  vow  weill  Wheras  we  haue  writtin Kingis  lettre 

,  .  ,  !•         1     c         1  1        .  y-,  ,  ,  'o  the  lordis 

tiutchmg  the  actione  depending   beior  thame   betuixt  our   Constable  and  of  sessioune. 

citie  of  Edinburgh  willing  thame  to  proceid  therin  in  sa  far  as  they 

sail  find  thameselffis  competent  judges  and  to  remit  to  yow  our  Colledge 

of  Justice  quhat  is  proper  to  be  judged  be  yow  /  It  is  our  plesour  iff  they  doe 

remit  the  samen  to  yow  /  That  ye  administer  justice  thairin  with  all  diligence 

without  admiting  dilatoury  or  tedious  formes  of  law  /  that  convenientlie  can 

be  awoyded  commanding  that  ye  defer  sentence  vntill  ye  acquant  ws  with 

the  particularis  of  the  proces  quherin  expecting  your  dilligence  we  bid 

yow  fairweill  /  From  our  mansioun  at  Grenewich  the  16  of  Maij  1634  ■ 

In  dorso  •  To  our  right  trustie  and  weill  belowit  coosine  and  counseller 
the  Erie  of  Kynnowll'our  chanceller  of  Scotland  and  our  trustie  and  weil 
belowit  Sir  Robert  Spottiswood  knicht  president  of  our  Colledge  of  Jus- 
tice and  remanent  senatouris  thairof  • 

24  July  1634  •  Producit  be  the  provest  of  Edinburgh  red  and  consid- 
derit  be  the  lordis  quha  declarit  thay  wold  haue  consideratione  of  the  lettre 
quhensoevir  the  toune  of  Edinburgh  sail  incist  in  the  actiones  • 


2o4  THE    SPALDING    CLUB    MISCELLANY.  [1(539. 


XXI. 

INFORMACIOUNE  FOR  THE  ERL  OF  EROLL  •  III  SEPTEMBER 
MDCXXXIX  ■ 

It  mey  pleis  your  Lordschip  /  That  I  have  served  your  Lordschips  father 
and  grandfather  in  the  four  parliamentis  preceiding  the  last  in  anno  1633 
and  had  the  cair  and  charge  of  the  keyis  of  the  tolbuith  doors  vith 
VilUam  Hay  of  Struie  my  Lord  ErrolUs  servitour  for  the  tyme  • 

The  forme  and  maner  vas  thus  /  The  night  preceiding  the  parlament  the 
clerk  of  register  for  the  tyra  causit  the  keiper  of  the  tolbuith  delyver  all 
the  keyis  thairof  both  of  the  foir  and  bacdoors  to  the  Erl  ErroU  his  ser- 
vantis  quha  dureing  the  tym  forsaid  vas  aither  the  said  ViUiame  Hay  or 
my  self- 

The  day  of  the  parlament  the  grait  foirdoor  of  the  tolbuith  vas  opned  at 
the  ordinar  tyme  and  then  the  Erl  of  Eroll  and  his  debuttis  did  place  his 
gaird  from  vithout  the  entrie  of  the  Stinking  Styll  vnto  the  top  of  the  Braid 
Stairs  vithin  the  tolbuith  • 

This  gaird  being  set  the  Erl  Marshall  and  his  debuttis  did  set  thair 
gaird  vithin  the  tolbuith  to  the  barr  quhair  the  parlament  did  sit  as  also 
had  tua  or  thrie  of  the  said  gaird  standing  at  the  doors  betuix  the  vter  and 
the  inner  houssis- 

The  clerk  register  for  the  tym  did  desyr  from  the  Erl  of  Eroll  to  have 
had  the  key  of  the  backdoor  quhair  he  his  clerkes  and  some  advocatis 
micht  entir  but  var  alvayes  refuissit  The  Erl  of  Erroll  haveing  appoyntit 
Villiam  Hay  or  me  to  attend  vpoun  the  said  door  for  giveing  entreiss  to 
my  lord  register  and  to  his  clerkis  and  thair  vas  ilevir  ane  gaird  keipit 
vithin  this  doir  nather  befoir  nor  at  the  tym  of  the  sitting  of  the   Lordis  • 

The  saidis  keyis  var  keipit  be  the  Erl  of  Erroll  and  his  debuttis  all  the 
tyme  of  the  parlament  except  that  the  saidis  keyis  now  and  then  as  occa- 
cioune  did  offer  void  be  lent  or  givin  to  the  keiper  of  the  tolbuith  or  to  the 
clerkis  or  thair  servantis  to  seik  out  thair  processis  in  thair  bonckers  vithin 
the  inner  hous  so  that  on  my  knawledge  thair  vas  nevir  any  questioune 
maid  anent  the  keipeing  of  the  keyis  of  the  tolbuith  door  dureing  the  tym  of 
the  parlament  but  this  same  var  delyverit  to  the  Erl  of  Erroll  and  his 
debuttis  to  be  keipit  and  vseit  be  thaim  as  they  vald  be  ansuerabil  •  And 


1641.]  THE    ERROLL    PAPERS.  235 

this  vas  the  forme  and  ordour  quhilk  I  vill  declair  vpoun   my  conscience 
and  knawledge  • 

Subscriuit  vith  my  hand  At  Dronlo  the  third  day  of  September  1639 
Befoir  thir  wittnessis  Sir  James  Hay  of  Smeithfeild  knight  and  barronet 
squyre  of  his  Maiesteis  bodie  Mr  John  Hay  sone  to  Andro  Hay  vryter 
Mr  Villiam  Powry  vryter  and  Mr  Robert  Hay  my  sone  • 

W   Hay 

James  Hay  witnes 

R  Hay  witnes 

Will :  Powry  witnes 

Mr  Jo  :   Hay  vitnes 


XXII. 

FOLLOWIS  THE  COPPIE  OF  THE  TOWNE  OF  EDINBURGH  THAIR 
SUPPLICATIOUNE  RED  IN  OPEN  PARLIAMENT  V  AUGUST 
MDCXLI  . 

My  lordis  of  parliament 

Vnto  your  lordschips  humlie  meanis  we  your  lordschips  servitouris 
the  proveist  and  baillies  of  Edinburgh  That  quhair  vpon  the  first  day  of 
August  instant  Mr  Thomas  Lamb  minister  at  Kirkurd  was  broght  within 
our  toune  of  Leith  about  nyn  houris  at  night  by  certain  persones  quho  had 
takin  and  apprehendit  him  as  guiltie  of  the  slaughter  of  vmquhill  John 
Tutop  committit  be  him  neir  to  our  said  toune  of  Leith<"  /  and  was  im- 

(1)  [In  his  diary  of  the  proceedings  of  the  General  Assembly  of  1641,  Principal  Baillie, 
under  the  date  of  Sunday  the  first  of  August,  writes  :  "  That  day  ane  very  unhappie  acci- 
dent fell  in  the  hand  of  a  minister,  Mr.  Thomas  Lamb,  who  had  been  deposed  by  the  blind 
Bishop  of  Galloway,  for  diverse  quarrells.  The  rainistrie  of  Edinburgh  had  obtained  to  him 
a  church  in  the  Presbytrie  of  Peebles.  The  man  had  alwayes  been  of  a  verie  contentious 
humour.  Thay  say  he  had  striken  a  man,  whereof  he  died.  However  his  Presbytrie,  for 
his  perversness  and  contentions,  had  suspended  him.  He  had  appealled  to  the  Generall 
Assemblie.  The  committee,  on  Saturday,  had  agreed  them,  and  remitted  him  to  the  Pres- 
byterie.  On  Sunday,  after  both  sermons  in  Leith,  he  told  Mr.  James  Power  that  he  was 
displeased  vrith  that  accord,  and  would  complean  to  the  Assemblie,  both  of  the  committee 
and  his  Presbytrie.  Immediatelie  goeing  to  ease  himself  among  the  stuffe,  a  young  man  to 
whom  the  stuffe  belonged,  fell  upon  him  with  evell  language,  taking  up  his  cloake  and  gloves  : 
after  some  mutual!  jarring,  when  he  had  gotten  his  cloak  and  gloves  again,  he  fell  in  some 
quarrelling  with  the  young  man,  and  with  his  whanger  stroke  him,  whereof  presentlie  he 
died.     He  vrrote  a  pitifull  supplication  to  the  Assemblie,  to  obtain  some  delay  of  his  exe- 


236  THE    SPALDING    CLUB    MISCELLANY.  [1641. 

medeatlie  incarcerat  within  the  tolbuith  of  Leith  quhair  he  remaineit  till 
Mononday  at  tua  houris  eftlr  noone  /  And  from  thence  we  transported  him 
to  the  tolbuith  of  Edinburgh  being  of  purpos  to  have  put  him  to  the  knaw- 
ledge  of  ane  assyse  as  haveing  committit  the  sam  slaughter  within  the 
boundis  and  shirefdome  of  Edinburgh  /  and  liberties  thairof  or  within  the 
boundis  of  our  regalitie  of  Broughtoune  /  But  we  haveing  taken  tryall  and 
inquyrie  of  the  place  quhair  the  said  slaughter  was  committit,  and  haveing 
fund  the  samyn  to  have  bein  done  within  the  corneriggis  of  the  baronie  of 
Restalrig  quhilk  is  no  wayis  within  the  boundis  of  our  shirefdome  of  Edin- 
burgh nor  liberties  thairof  nor  within  the  said  regalitie  of  Bruchtoun  /  We 
abstein  from  putting  of  him  to  the  knawledg  of  ane  assys  and  reteines  him 
in  waird  till  he  wer  callit  befoir  the  justice  generall  or  his  deputis  and  put 
to  his  tryall  befoir  tham  /  And  now  latlie  we  have  receaveit  ane  chairge 
from  the  Erie  of  Erroll  and  the  Erie  of  Kingorne  his  tutour  to  exhibit  the 
said  Mr  Thomas  vpon  the  persut  of  thair  procurator  fiscall  to  thoU  the  law 
within  our  said  tolbuith  of  Edinburgh  /  Quhilk  we  can  not  nor  may  not  doe 
without  our  gritt  prejudice,  Seing  thair  is  ane  questioun  depending  betuixt 
the  Constable  and  ws  anent  the  rightis  and  liberties  of  the  said  Constabu- 
larie  within  the  boundis  of  our  said  shirefdome  liberties  thairof  and  regalitie 
foirsaid  •  Heirfor  we  humblie  intreat  your  lordschips  to  tak  the  premissis  to 
your  serious  consideratioune,  and  to  give  ordour  to  the  justice  generall  and 
his  deputis  to  proceid  and  minister  justice  vpon  the  said  Mr  Thomas  to 
quhom  we  sal  be  readie  to  exhibit  him  within  our  said  tolbuith  /  And  if 
that  sail  pleass  your  lordschips  to  give  warrand  to  any  vtheris  and  espe- 
ciallle  to  the  Constable  that  the  samyn  may  be  declared  that  it  sail  be  with- 
out derogatioune  to  any  of  our  liberties,  and  without  acknawledgeing  be 
ws  of  any  right  or  privileidgis  quhilk  the  said  Constabill  lies  to  judge 
within  any  pairt  of  our  boundis  and  libeyties  foirsaidis  /  Or  to  chairge  ws 
to  exhibit  any  persoune  within  any  of  our  tolbuiths  or  wardhoussis  /  Pro- 
testing alwais  Lykas  we  be  thir  presentes  protestes  That  quhatsumeuir  sail 
be  done  anent  the  premissis  sail  be  without  prejudice  of  our  rightes  and 
liberties  in  maner  foirsaid- 

cution,  till  his  wife  and  friends  might  come  to  him.  This  was  granted.  He  obtained 
easilie  a  letter  of  sleatis  from  the  partie ;  bot  we  think  The  Constable  will  cause  execute 
him  ;  and  so  much  the  more,  because  he  a  minister,  on  the  Sabboth-day,  had  committed 
that  villanie  in  the  tyme  of  the  Assemblie  and  Parliament."  BailUe's  Letters  and  Journals, 
vol.  i.,  pp.  367,  368.      Edinb.  1841.  8vo.] 


1641.]  THE    ERROLL    PAPERS.  237 

XXIII. 
COPPIE  OF  THE  ERLE  OF  ERROLL  HIS  BILL  V  AUGUST  MDCXLI  • 

My  lordis  and  vtheris  of  the  estaits  of  parliament 

Vnto  your  lordschips  humblie  meanis  and  schawls  Gilbert  Erie 
of  ErroU  Heiche  Constablll  of  Scotland  and  John  Erie  of  Kingorne  my 
tutour  testamentare  for  his  entres  That  quhair  we  being  informeit  of  the 
lait  slaughter  or  murther  of  vmquhill  John  Tutop  in  Leith  committit  be 
Mr  Thomas  Lamb  soraetyme  a  preacher  vpon  the  first  day  of  August 
instant  being  Sunday  at  evene  We  as  Heich  Constablll  be  vertew  of  our 
office  and  conforme  to  our  rights  and  privileidges  directit  furth  preceptis 
And  thairwith  causit  chairge  the  said  Mr  Thomas  Lamb  to  compeir  before 
ws  and  our  deputis  ane  or  mae  coniunctlie  or  severallie  in  ane  justice 
court  to  be  halden  be  ws  within  the  tolbuith  of  Edinburgh  vpon  the  thrid 
day  of  August  instant  To  vnderly  the  law  for  the  said  cruell  murther  and 
slauchter  And  lykwayis  causeit  chairge  the  proveist  and  baillies  of  Edin- 
burgh to  exhibit  and  produce  the  said  Mr  Thomas  Lamb  befoir  ws  in  the 
said  justice  court  to  the  effect  foirsaid  he  being  in  thair  pressoune  and 
wairdhous  And  haveing  causeit  chairge  ane  inqueist  to  pas  vpon  his  assyse 
and  accordinglie  conveineit  in  judgement  and  fenseit  and  held  ane  court  for 
doeing  justice  in  the  said  mater  as  being  onlie  proper  judges  thairto  being  a 
slauchter  committit  neir  the  heich  court  of  parliament  And  haveing  callit 
the  said  Mr  Thomas  Lamb  delinquent  to  appeir  and  the  saidis  proveist  and 
baillies  to  exhibit  and  produce  him  befoir  ws  as  they  wer  chairgeit  and 
requyreit  thairto  And  they  haveing  failyeit  thairin  Compeireit  personallie 
Sir  John  Hamiltoune  of  Prestoune  and  Mr  William  Hoge  advocat  quha 
produceit  ane  pouer  subscryvit  be  the  said  Mr  Thomas  for  tham  to  appeir 
for  him  and  in  his  name  befoir  ws  beareing  his  willingnes  and  reddines  to 
enter  on  pannell  conform  to  the  chairge  gevin  to  him  for  that  effect  But  in 
respect  he  was  incarcerat  within  the  tolbuith  of  Edinburgh  and  deteineit 
thairin  be  quhat  warrand  we  know  not  he  could  not  appeir  personallie  So 
that  it  appeirs  the  saidis  proveist  and  baillies  of  Edinburgh  hes  neglectit 
and  contemnit  the  chairge  gevin  to  tham  in  maner  foirsaid  quhairby  justice 
is  frustrat  his  Maiesties  auctoritie  wrongeit  and  I  as  Heich  Constablll  of 
Scotland  prejudgeit  and  wrongeit  in  my  office  right  and  priveledge  in 
judgeing  of  the  said  fact  •  Heirfor  we  humblie  beseik  your  lordschips  to 


238  THE    SPALDING   CLUB    MISCELLANY.  [1641. 

have  consideratioune  of  the  premisses  and  to  give  expres  ordour  and 
warrand  be  thir  presentis  to  a  messenger  of  arraes  or  meassir  to  command 
and  chairge  the  saidis  proveist  and  baillies  of  Edinburgh  To  exhibit  and 
produce  the  said  Mr  Thomas  Lamb  delinquent  befoir  ws  and  our  deputtis 
ane  or  ma  coniunctlie  or  severallie  in  the  justice  court  to  be  haldin^be  ws 
as  Constabill  foirsaid  or  be  our  deputtis  ane  or  mae  vpon  the  fiyft  day  of 
August  instant  in  the  houre  of  caus  and  at  all  vthir  dyettis  to  be  ap- 
poyntit  and  affixit  be  ws  in  the  said  mater  or  in  ony  vthir  of  that  kynd  as 
the  samyn  sail  happen  to  fall  out   And  your  lordschips  ansuer- 


COPPIE  OF  THE  DECREIT  VPON  THE  BAK  OF  THE  SAID  BILL 
V  AUGUST  MDCXLI . 

The  estaits  of  parliament  eftir  reiding  of  this  supplicatioune  togither 
with  some  remonstrances  heirwith  produceit  be  the  Errle  of  Erroll  Or- 
daines  the  proveist  and  baillies  of  Edinburgh  to  exhibit  the  withinwrittein 
delinquent  befoir  the  Constabill  or  his  deputtis  ane  or  mae  /  to  the  effect 
within  mentionat  /  But  prejudice  allwayis  of  the  Errle  of  Erroll  or  toune  of 
Edinburgh  thair  rights  or  privileges  prout  de  jure  :  And  ordaines  the  clerk 
to  delyver  to  ayther  pairtie  the  dowble  of  this  supplicatioune  /  with  this 
delyverance  thairof  /  together  with  the  dowble  of  the  remonstrance  heir- 
with exhibit  be  the  Erie  of  Erroll  /  subscryvit  vnder  his  hand  • 
Sic  subscribitur  ■ 

BuRGLiE  J  •  P  •  D  •  pari- 


XXV. 

REMONSTRANCE  THE  LORD  CONSTABLE  TO  THE  ESTATES  OF 
PARLIAMENT.    V  AUGUST  MDCXLL 

The  humbill  remonstrance  of  the  Erie  of  Erroll  Heiche  Constabill 
of  Scotland  vnto  the  supreme  court  of  parliament  now  convenit 
It  is  in  all  humilitie  represented  vnto  the  estaits  of  parliament   That  if 
thair  wer  any  necessitie  for  the  Lord  Constabill  at  this  tym  to  disput  his 


1641. J  THE   ERROLL    PAPERS.  239 

richtis  and  privieledges  dew  to  that  office  Or  if  any  member  of  the  parlia- 
ment did  doubt  or  wer  not  acquainted  with  the  saidis  privieledges  :  It  wold 
be  maid  cleirlie  to  appeir  That  the  Lord  Constabill  is  onlie  suprem  judge 
in  all  raateris  of  ryott  disorder  blood  and  slauchter  comittit  within  four 
mylles  of  the  Kingis  royall  persoun  parliament  or  counsall  representing 
the  auctoritie  royall  in  his  Maiesties  absence  /  And  the  proveist  and  baillies 
of  that  burghe  and  all  vther  judges  quhair  the  saidis  factis  ar  eommittit  ar 
obleist  to  ryse  and  concur  and  mak  thair  tolbuthes  patent  for  ressaueing  of 
malefactouris  /  And  particularlie  this  micht  be  maid  appeir  by  bandis  maid 
be  the  toun  of  Edinburgh  to  the  Lord  Constabill  concerning  that  purpose 
Lykas  the  Constabill  hes  diuerse  decreitis  againes  the  toun  of  Edinburgh 
in  foro  contradictorio  dischargeing  thame  from  censuring  of  any  materis  of 
slauchter  blood  or  ryot  within  four  myllis  to  his  Maiesties  persone  parlia- 
ment or  counsall- 

Item  the  Lord  Constabill  hes  the  chairge  trust  and  keiping  and  guard- 
ing of  the  Kingis  royall  persoun  and  of  the  parliament  hous  quhair  the 
estaitis  and  peeris  of  the  land  are  conveined  in  tym  of  parliament  with 
manie  vthir  privieledges  dew  to  that  place  • 

But  seing  thair  is  no  necessitie  to  disput  any  richt  or  privieledge  dew  to 
that  office  at  this  tyme  /  the  samyn  being  notour  to  the  estaits  of  parlia- 
ment /  The  Constabill  absteines  and  desyres  not  to  be  drawen  to  vnneces- 
sarie  disput  heiranent  •  But  in  all  humilitie  representis  to  the  parliament 
That  seing  the  Lord  Constabill  is  ane  of  the  pryme  officeris  of  the  croune 
the  mainteining  and  vindicatting  of  his  power  and  privieledges  dois  verie 
neirlie  concerne  the  honour  of  the  natioun  and  the  estaitis  of  this  king- 
dome  /  as  being  a  place  of  suche  trust  and  eminencie  /  quhairin  the  Con- 
stabill being  a  servant  to  his  Maiestie  and  the  parliament  They  ar  obleist 
to  protect  and  mainteine  the  privieledges  of  that  service  ■  And  seing  the 
toun  of  Edinburgh  confessis  in  thair  awin  bill  That  they  have  nor  pretend 
no  intres  in  the  mater  now  contravertit  concerning  Mr  Thomas  Lamb  /  in 
respect  it  is  grantit  be  the  toun  of  Edinburgh  in  thair  awine  bill  that  the 
fact  was  eommittit  without  thair  boundis  and  liberties  It  is  humblie  de- 
syrit  that  the  Lord  Constabill  may  have  warrand  To  proceed  to  the  tryell 
and  punisching  of  that  slauchter  comittit  be  the  said  Mr  Thomas  /  as  the 
onlie  competent  judge  thairto  /  Seing  it  is  vncontravertabill  that  the  power 
of  all  magistratis  ather  of  royaltie  or  regalitie  in  criminall  causes  sleipes 
and  seids  to  the  Lord  Constabillis  jurisdictioun  in  tym  of  parliament  And 

2h 


240  THE    SPALDING   CLUB    MISCELLANY.  [1646. 

it  wer  a  great  derogatioun  to  the  honour  of  the  Kings  Maiestie  and  par- 
liament iff  any  inferiour  judge  sould  have  the  power  of  cognosceing  and 
jurisdictioun  in  materls  criminall  quhair  his  Maiesties  persoun  parliament 
or  suprem  counsall  sittis  Becaus  these  suprem  judicatories  representis  his 
Maiesties  awin  persoun  and  the  bodie  of  the  kingdoms  over  quhom  no 
inferiour  judge  sould  have  power  of  jurisdictioun  Nather  sould  the  toun  of 
Edinburgh  be  admittit  to  appeir  or  have  ather  any  declaratioun  or  pro- 
testatioun  in  their  favouris  Seing  in  the  particular  now  contravertit  they 
confes  they  have  no  entres  as  said  is  /  in  respect  the  toun  of  Edinburgh 
grantis  that  the  slaughter  was  committit  vpon  boundis  which  is  without 
thair  jurisdiction  and  liberties  • 


XXVI. 

DECLARATION  BY  JOHN  EARL  OF  CRAWFURD  LINDSAY  HERI- 
TABLE BAILLIE  OF  THE  REGALITY  OF  SAINT  ANDREWS. 
IV    FEBRUARY    MDCXLVI. 

+  Feb.  1646.  I  Johnne  Erie  of  Crawford  Lindsay  heretabill  baillie  of  the  regalitie  of 
Erie  of  Craw-  Sanct  Androis  be  thir  presentis  declairis  that  what  of  kit  hath  beine  done 
tion^  ^'^  ^'^^  ^^  ™y  c^^puts  in  executing  of  ane  woman  callit  Katherene  Fletcher  induellar 
in  Sanct  Androis  for  the  murthering  of  hir  awin  chyld  immediatlie  efter 
the  birth  And  whilk  fact  was  comitted  be  her  within  the  said  citie  dureing 
the  tyme  of  the  sitting  of  the  parliament  thairin  Shall  nawayis  be  prejudi- 
cial! or  derogatorie  to  the  Erie  of  Errollis  right  as  Heigh  Constable  of 
Scotland  Nather  shall  the  executing  of  the  said  woman  strenthen  nor 
corroborat  my  right  of  heretabill  bailliarie  of  the  said  regalitie  of  Sanct 
Androis  in  prejudice  of  the  said  Erie  of  Errollis  right  or  possessioun  as 
Heigh  Constable  of  Scotland  Nather  shall  this  declaratioun  emitted  and 
subscryvit  be  me  be  prejudicial!  to  my  right  of  heretabill  bailliarie  foirsaid 
as  accords  of  the  law  Nather  shall  evir  the  executeing  of  the  woman  be 
objected  or  alleadged  be  me  as  any  possession  in  prejudice  of  the  said  Erie 
of  Errolls  right  And  for  the  mair  security  heirof  I  am  content  that  thir 
presentis  be  insert  and  recordit  in  the  bookis  of  parliament  etc  • 


1654.]  THE   ERROLL    PAPERS.  241 


XXVII. 

PETITION  GILBERT  ELEVENTH  EARL  OF  ERROLL  TO  CERTAIN 
COMMISSIONERS  APPOINTED  BY  THE  COMMONWEALTH  OF 
ENGLAND.      MDCLIV. 

To  the  right  honorabill  the  Commissioners  for  taking  afF  and  mitiga- 
tioun  of  ffynes 

The  petitioun  of  Gilbert  Erie  of  Erroll 
Humblie  scheweth 

That  quhairas  by  the  ordinance  of  pardone  and  grace  to  the  people  in 
Scotland  thair  is  imposed  vpon  your  petitioner  ane  fyne  of  twa  thowsand 
pund  sterling  quhich  he  humblie  conceaves  to  have  bene  done  vpon  some 
mistakis  anent  his  deportment  and  estate  Thairfoir  the  petitioner  dooth 
make  aplicatioun  to  your  lordschips  who  ar  authorized  to  rectifie  such  mis- 
takis, and  for  cleiring  thairof  to  oiler  to  your  serious  considderatioun  these 
particulars  • 

1  •  The  petitioner  having  lived  hithirtill  without  any  suspitioun  of  popery 
he  thinkis  he  needs  not  cleir  himself  thairof  as  being  notourlie  knawin  to 
all  that  he  is  no  papist  Bot  that  he  hath  constantly  professed  and  firmelie 
adheard  to  the  trew  protestant  religioun  fi'om  his  childhead  • 

2  •  The  petitioner  wes  nethir  at  Prestoun,  Dunbar,  nor  Worcester,  And 
did  not  invade  Ingland  in  the  yeirs  1648,  1650,  nor  1651,  nor  wes  he  a 
promover  or  active  in  carying  on  of  any  warr  against  England  the  saids 
yeirs  or  any  of  thame  being  all  that  tyme  through  minoritie  and  nonage 
vnder  the  governement  of  tutouris  and  curatouris  and  for  the  most  pairt  at 
schooles  • 

3  •  The  petitioner  not  having  attained  to  majoritie  or  the  age  of  twentie 
ane  zeirs  till  Junij  1652  wes  not  in  a  capacitie  be  the  lawis  of  the  natioun 
to  sitt  as  a  member  of  parliament  or  committie  of  estaits  the  foirsaidis  yeirs 
or  any  of  thame  Bot  the  truth  is  that  the  petitioner  being  by  his  birthright 
and  by  successioun  of  many  ages  High  Constable  of  Scotland  /  ane  place  of 
great  eminencie  and  trust  in  this  natioun  /  was  severall  tymes  during  the 
yeirs  of  his  pupillarity  and  minoritie  brought  by  his  tutouris  and  curatouris 
from  the  schooles  to  be  present  at  some  parliaments  and  committies  only  for 
preserving  his  office  and  to  site  thair  in  The  Constables  chaire  and  to  look 


242  THE    SPALDING   CLUB   MISCELLANY.  [1654. 

vpon  the  guarding  and  ordering  of  the  hous  of  parliament  as  properly  be- 
loniring  to  The  Constables  place  Quhich  he  humblie  conceaves  can  infer 
noe  guilt  vpon  him  as  on  that  had  vote  in  parliament  or  had  accession  to 
the  carying  on  of  any  designes  thairin  And  tho  the  parliament  did  at  some- 
tymes  (in  his  minoritie)  give  him  the  name  of  a  collonell  or  member  of 
committies  Yitt  that  cannot  be  a  ground  to  infer  any  guilt  or  prejudice  vpon 
the  petitioner  Becaus  as  he  wes  all  that  tyme  still  minor  so  he  nevir  owned 
nor  actit  in  any  charge  in  the  armyis  nather  did  he  follow  court  nor  armyis 
during  the  Kingis  abode  in  Scotland,  saiiF  that  he  came  once  to  Stirling 
in  Junij  1651  and  stayed  only  some  few  dayes  thair  quhair  your  petitioner 
refuisit  and  deraittit  the  charge  of  a  regiment  of  horss  quhairvnto  the  par- 
liament had  named  him  quhich  wes  lookd  vpon  with  ane  evill  eye  by  all  then 
in  power  quhairvpon  your  petitioner  reteirit  presentlie  to  his  awin  hous 
quhair  he  hath  evir  lived  peaceablie  since  • 

4  ■  Since  the  present  authority  wes  establisched  in  this  natioun,  and  since 
his  majoritie  The  petitioner  hes  bene  constant  in  his  obedience  and  submis- 
sioun  to  the  samyn  fforalsmuch  as  quhen  the  Inglisch  forces  first  entered 
the  north  of  Scotland  the  petitioner  wes  on  of  the  first  of  his  qualitie  who 
submittit  thairto  And  that  his  submissioun  and  peaceable  cariedge  since  hes 
had  no  small  influance  vpon  many  persounes  of  all  degries  in  that  pairt  of 
the  countrie  /  And  in  this  late  insurrectioun  in  the  north  pairtis  though  the 
petitioner  wes  in  occasioun  of  temptatioun,  and  in  some  capacitie  to  have 
bene  als  active  as  vtheris  who  having  bene  laltlie  in  armes  have  come  of 
vpon  capitulatioun  and  ar  exempted  from  thair  fynes  Yit  he  hes  bene 
fixed  in  his  resolutioun  to  live  peaceablie  and  hath  still  eschewed  all  occa- 
siounes  of  temptatiounes  quhilk  many  of  his  aige  and  place  micht  have  bene 
drawin  and  seduced  vnto  And  that  without  the  least  intentioun  of  comply- 
auce  with  these  persones  who  did  ryse  in  armes  /  And  so  hath  deserved  by 
his  good  cariage  to  be  takin  in  favourable  considderatioun  ■ 

5  •  As  to  the  petitioners  estate  quhen  the  rentall  of  it  and  the  specifica- 
tioun  of  the  vast  burthenes  left  vpon  it  by  his  father  (who  died  in  the  yeir 
1636  quhen  your  petitioner  wes  hot  fyve  yeirs  of  aige)  sail  be  exhibeit  to 
be  considderit  by  your  honors  It  will  be  evident  how  far  his  conditioun 
is  mistaken  /  and  how  vnable  the  petitioner  is  to  pay  the  fyne  imposed  on 
him  or  ony  pairt  thairof  without  vtter  rwine  to  himselif  and  familie  • 

Inrespect  quhairof  it  is  humblie  desyred  that  your  honors  wold  be 
pleased  to  tak  of  and  discharge  the  said  fyne  /  in  sua  far  as  your 


1654.]  THE    ERROLL    PAPERS.  243 

honors  ar  impoured  /  and  as  to  the  remainder  if  any  be  your 
honors  wold  be  pleased  to  represent  to  his  highnes  your  favour- 
abill  oppinione  and  sense  to  the  effect  the  petitioner  may  be 
discharged  of  the  samyne  • 


CERTIFICATE  BY  THE  CLERK  OF  PARLIAMENT.     XII  OCTOBER 
MDCLIV. 

These  ar  to  testifie  to  all  quhom  it  concerneth  and  in  particular  to  the 
honorabill  commissioneris  now  conveined  at  Edinburgh  That  Gilbert  Erie 
of  ErroU  his  being  present  at  the  coronatioun  in  Scone  neir  the  burgh  of 
Pearth  wes  occasioned  thus  /  The  parliament  being  sitting  at  Pearth  in  the 
moneth  of  December  1650  a  committie  wes  appoyntit  by  tharae  for  con- 
siddering  quho  wer  necessarie  memberis  to  be  present  at  the  coronatioun 
Quhich  committie  did  find  amongst  severall  vtheris,  that  the  presence  of  the 
Erie  of  Erroll  being  Heich  Constable  of  Scotland  wes  most  necessarie  • 
This  being  reportit  in  parliament  they  did  give  ordour  for  wryting  letteris 
to  the  afoirsaid  Erie  for  that  effect  Which  wes  accordinglie  done  in  a  verie 
stout  way  In  obedience  quhairof  the  said  Erie  did  repair  to  the  corona- 
tioun •  I  vnder  subscryver  being  thair  present  serving  as  clerk  In  testi- 
mony of  the  premissis  have  subscryvit  this  At  Edinburgh  the  tuelfth  of 
October  1654- 

[The  part  which  the  High  Constable  bore  on  this  occasion  may  be  seen 
from  the  following  passages  of  a  tract  entitled  "  The  Form  and  Order  of 
the  Coronation  of  CHARLES  The  Second,  King  of  Scotland,  Eng- 
land, France,  and  Ireland,  As  it  was  acted  and  done  at  Schoone,  The 
first  day  of  January,  1651.  By  Mr.  Robert  Dowglas,  Sfc.  Aber- 
deen,  Imprinted  by  James  Brown,   1651." 

"  First,  the  Kings  Majesty,  in  a  Princes  Robe,  was  conducted  from  his 
Bed  chamber,  by  the  Constable  on  his  right  hand,  and  the  Marishall  on  his 
left  hand,  to  the  Chamber  of  Presence,  and  there,  was  placed  in  a  Chair, 
under  a  Cloath  of  State,  by  the  Lord  Angus,  Chamberlaine,  appointed  by 


244  THE    SPALDING  CLUB    MISCELLANY.  [1654. 

the  King  for  that  Day,  and  there,  after  a  little  Repose,  the  Noblemen, 
with  the  Commissioners  of  Barrons,  and  Burrows,  entered  the  Hall,  and 
presented  themselves  before  his  Majesty Thereafter,  the  Commis- 
sioners of  Burrows,  and  of  Barrons,  and  the  Noblemen  accompanied  his  Ma- 
jesty to  the  Kirk  of  Schoone the  King  having  the  great  Constable 

on  his  right  hand,  and  the  great  Marishall  on  his  left  hand Sermon 

being  ended and  after  the  King  had  solemnly  sworn  The  National  Co- 
venant, the  League  and  Covenant,  and  the  Kings  Oath thereafter  the 

King  ascended  the  Stage,  and  sitteth  down  in  the  Chair  of  State.  Then 
the  Lords,  Great  Constable,  and  Marishall,  went  to  the  four  Corners  of  the 
Stage,  with  the  Lyon  going  before  them  who  spoke  to  the  People,  these 
words  Sirs,  I  do  present  unto  you  the  King  Charles  etc There- 
after the  Kings  Body,  supported  by  the  Constable,  and  Marishall,  cometh 
down  from  the  Stage,   and  sitteth  doun  in   the  Chair  where  he  heard  the 

Sermon." The  Coronation   Oath  having  been  administered,  and 

the  King  having  been  divested  of  the  Princely  Robes,  and  invested  with 
his  Royal  Robes,  "  thereafter,  the  King  being  brought  to  the  Chair  on  the 
North  side  of  the  Kirk,  supported  as  formerly,  the  Sword  was  brought  by 
Sir  William  Cockburn  of  Langtown,  Gentleman  Usher,  from  the  Table, 
and  delivered  to  Lyon  King  of  Armes  ;  Who  giveth  it  to  the  Lord  Great 
Constable,  who  putteth  the  same  in  the  Kings  hand,  saying.  Sir,  Receive  this 
Kingly  Sword,  for  the  Defence  of  the  Faith  of  CHRIS  T,  and  protection 
of  His  Kirk,  and  of  the  True  Religion,  as  it  is  presently  professed  tvithin 
this  Kingdom,  and  according  to  the  Nationall  Covenant,  and  League  and 
Covenant,  and  for  executing  Equity,  and  Justice,  and  for  punishment  of  all 
iniquity  and  injustice.  This  done  the  Great  Constable  receiveth  the  Sword 
from  the  King,  and  girdeth  the  same  about  his  side."  The  Crown  having 
been  placed  on  the  King's  head,  and  the  nobles  and  the  people  have  sworn 
fealty,  "  then  did  the  Lord  Chamberlain  loose  the  Sword  wherewith  the 
King  was  girded  ;  And  drew  it,  and  deliver  it  drawn  into  the  Kings  hands ; 
And  the  King  put  it  in  the  hands  of  the  Great  Constable,  to  carry  it  naked 
before  him."  Having  been  installed  in  the  throne,  "  the  King  supported 
by  the  Great  Constable  and  Marischal  and  accompanied  with  the  Chancel- 
lour,  arose  from  the  Throne,  and  went  out,  at  a  door  prepared  for  that  pur- 
pose, to  a  Stage ;  and  shewed  himself  to  the  People  without,  who  claped 
with  their  hands,  and  cryed  with  a  loud  voice,  a  long  time,  God  Save  the 
King."'\ 


1727.]  THE    ERROLL    PAPERS.  245 


XXIX. 

THE  REPORT  OF  THE  LORDS  OF  THE  COMMITTEE  FOR  HIS  MA- 
JESTY'S CORONATION  AS  TO  THE  PRECEDENCY  OF  THE  LORD 
HIGH  CONSTABLE  OF  SCOTLAND.      XIX  OCTOBER  MDCCXIV. 

At  the  court  at  St  James's  the  nineteeeth  day  of  October  1714, 
present  The  Kings  most  Excellent  Majesty  in  council]  : 
In  pursuance  of  His  Majesties  order  in  councill  of  the  fourteenth  instant 
referring  to  the  lords  of  the  committee  for  His  Majesties  coronation  the 
severall  claims  and  pretentions  of  the  Earl  of  Erroll,  Lord  High  Constable 
of  Scotland ;  of  the  Earl  Marshall  of  Scotland  ;  of  the  Dukes  of  Argyle 
and  Douglass  ;  of  Sir  Alexander  Areskine,  Lord  Lyon  King  at  Arms ;  and 
Sir  Alexander  Cockburn  of  Langton,  usher ;  to  attend  at  the  ceremony  of 
His  Majesties  royall  coronation,  in  respect  of  their  heretable  offices  in  that 
part  of  Great  Brittain  called  Scotland,  their  lordships  have  agreed  to 
offer  it  as  their  humble  oppinion  to  His  Majestic  :  That  the  Constable  of 
Scotland  do  in  the  procession  at  His  Majesties  coronation  walk  on  the 
right  hand  of  the  High  Constable  of  England,  and  the  Earl  Marshall  on 
the  left  hand  of  the  Earl  Marshall  of  England  ;  The  High  Constable  and 
Earl  Marshall  of  England  being  nearest  the  Sword  of  State. 


XXX. 

ORDER  BY  THE  KING  IN  COUNCIL  ALLOWING  MARY  COUNTESS 
OF  ERROLL  HIGH  CONSTABLE  OF  SCOTLAND  TO  NAME  A 
DEPUTY  TO  ATTEND  AT  HIS  MAJESTY'S  CORONATION.  XX 
SEPTEMBER    MDCCXXVH. 

At  the  court  of  Kensington  the  twentieth  day  of  September  1727. 
Present  The  Kings  most  Excellent  Majesty  in  councill : 
The  right  honourable  the  lords  of   the    committee   appointed  to  con- 
sider of  their  Majestys  coronation,  having  in  their  report,  which  was  this 
day  laid  before  His  Majesty  at  this  boaM,  represented  that  the  Countess 


246  THE   SPALDING   CLUB   MISCELLANY.  [1727. 

of  Erroll  (who  claims  an  hereditary  right  to  the  office  of  High  Constable 
of  Scotland)  hath  humbly  prayed  that  the  Marquiss  of  Beaumont  might 
be  allowed  to  walk  as  her  Deputy  in  the  procession  at  His  Majestys  coro- 
nation, and  to  take  the  same  place  as  was  allowed  at  the  last  coronation  on 
the  right  hand  of  the  High  Constable  of  England,  the  said  High  Constable 
of  England  being  nearest  to  the  Sword  of  State  :  His  Majesty  in  council 
taking  the  same  into  consideration  is  hereby  pleased  to  allow  of  the  said 
claim  in  the  same  manner  as  at  the  last  coronation  ;  but  in  regard  the 
Marquis  of  Beaumont  is  under  age,  His  Majesty  is  pleased  to  order  that 
the  said  Countess  of  Erroll  do  nominate  to  His  Majesty  at  this  board 
some  other  Deputy  proper  for  His  Majestys  approbation. 

Robert  Hales. 


XXXL 

ORDER  BY  THE  KING  IN  COUNCIL  APPROVING  OF  JOHN  DUKE  OF 
ROXBURGH  AS  THE  DEPUTY  OF  MARY  COUNTESS  OF  ERROLL, 
HIGH  CONSTABLE  OF  SCOTLAND.     II  OCTOBER  MDCCXXVIL 

At  the  court  at  St  James's  the  second  day  of  October  1727. 
Present  The  Kings  most  Excellent  Majesty  in  councill : 
Whereas  His  Majesty  was  pleased  by  his  order  in  council  of  the  twentieth 
of  last  month  to  allow  of  the  claim  of  the  Countess  of  Erroll  as  Hereditary 
High  Constable  of  Scotland  to  walk  at  the  coronation  of  their  Majesties, 
and  to  order  that  she  should  nominate  to  His  Majesty  some  proper  person 
to  be  her  Deputy  ;  and  whereas  the  said  Countess  of  Erroll  did  this  day 
nominate  his  grace  John  Duke  of  Roxburgh  to  His  Majesty  to  walk  in 
her  stead  :  His  Majesty  in  council  is  pleased  to  approve  of  the  said  no- 
mination, and  accordingly  hereby  to  appoint  the  said  Duke  of  Roxburgh  to 
walk  as  the  said  Countess  of  ErroUs  Deputy  at  the  coronation,  and  to  take 
the  same  place  as  was  allowed  at  the  last  coronation  on  the  right  hand  of 
the  High  Constable  of  England ;  the  said  High  Constable  of  England 
being  nearest  to  the  Sword  of  State :  And  the  right  honorable  the  Earl 
of  Sussex,  Deputy  Earl  Marishall  of  England,  is  to  take  notice  hereof, 
and  to  cause  the  necessary  orders  to  be  issued  for  that  purpose. 

Temple  Stanyan. 


1727.]  THE    ERROLL    PAPERS.  247 


XXXII. 

ORDER  BY  THE  DEPUTY  EARL  MARSHAL  OF  ENGLAND  TO  THE 
MASTER  OF  THE  JEWELL  HOUSE  TO  PROVIDE  A  SILVER 
TRUNCHEON  FOR  THE  DEPUTY  OF  THE  HIGH  CONSTABLE  OF 
SCOTLAND.     XXX   SEPTEMBER    MDCCXXVII. 

Whereas  Mary  Countess  of  Erroll  is  allowed  by  the  King  in  councill 
to  have  the  right  of  the  office  of  High  Constable  of  Scotland  vested  in 
her  ;  and  she  haveing  nominated  with  the  Kings  approbation  his  grace 
John  Duke  of  Roxburgh  to  officiate  for  her  at  the  ensuing  coronation  : 
These  are  to  signify  the  same,  and  that  you  cause  to  be  provided  and  made 
a  Truncheon  or  Staff  of  Silver,  guilt  at  each  end,  of  twelve  ounces  weight, 
of  the  same  fashion  and  goodness  as  was  made  at  the  last  coronation  for 
the  High  Constable  of  England,  with  his  Majesties  arms  at  one  end,  and 
the  arms  of  the  Countess  of  Erroll  at  the  other,  both  engraved ;  and 
deliver  the  same  to  the  above  named  John  Duke  of  Roxburgh,  to  be  used 
at  their  Majesties  coronation.  Given  under  my  hand  and  seall  this  thirtieth 
day  of  September  1727  in  the  first  year  of  his  Majestys  reign. 

Sussex  M. 

To  the  Honbie  James  Brudnell  Esq' 
Master  of  his  Majestie's  Jewell 
House  and  the  other  officers  there. 


2  I 


248  THE    SPALDING    CLUB    MISCELLANY. 

XXXIII. 

CONSTABULARIJ  REGIS  ET  REGNI  SCOCIE. 

aege  Alexandro.  RegisDavidisI.    EDUARDUS    •    ConStabukriuS  • 
jTino  regni  six. 

aegis  Diividis  I.  anno  rcgni  xis.     HUGO    DE    MOREUILLA    •    Obijt    MCLXII  • 
Kegis  Malcolm!  IV.  anno  regni  t. 

Kegis  Maicoimi IV.  anno  regni  RICARDUS  DE  MOREUILLA  •  Constabukrius  Scotie 

xi.      .\nnis   Dc 
et  m.c.lxxxiij. 


omim  m.c.  xxmj  filiug  Hugonis  de  Moreuilla  •  Obijt  mclxxxviii  • 


He^e  wiuieimo.  WILLIELMUS  DE  MOREUIL  •  Constabukrius  Regis  •  et 

Constabukrius    Scotie  •  dominus   de    Lauderdale  filius  Ri- 
chardi  de  Moreuilk  -  Obijt  sine  prole  mcxcvi  • 

ROULANDUS  COMES  GALLOUIDIE  -  jure  uxoris 
Hellene  iilie  Richardi  de  Moreuil  •  Obijt  mcc  • 

Rege  wiiiieimo.  Eegis Aiexan-  ALANUS  COMES  GALLOUIDIE  •  filius  sjus  •  Consta- 
an'num  D°mi'ni'm.cc.xMj.     ""  bukrius  Rsgis  Scotorum  •  Obijt  Mccxxxmi  ■ 

ALEXANDER  DE  SETHUN  •  regni  Constabukrius- 

aegis   Alexandri   II.  anno  regni    ROGERUS    DE     QUINCI     COMES     WINTONIE    ■    Con- 

et  m.cc.xxxsvi.  EtRegeAiexan-  stabukrius   Scotie  •  jure  uxoris  Helene  filie  Alani  Comitis 

''^"  "'■  Gallovidie  Constabukrij  •  Obijt  mcclxiiii  • 

S'm'ccTxr"' '•  ^""°^''"  ALEXANDER   CUMIN    COMES  DE  BUCHAN     jure 
sponse  [Elisabethe]  filie  dicti  Rogeri  Constabukrij  • 

WILLIELMUS  FILIUS  COMITISSE  DE  FER- 
RIERS  .  filie  Rogeri  de  Quinci  Comitis  Constabukrij  - 
fit  Constabukrius- 

IrsDomrnirccta^i.et      ALEXANDER  CUMIN  COMES  DE  BUCHAN- 

m.cc.lxssiij. 


THE   ERROLL    PAPERS. 


249 


JOHANNES      CUMIN      COMES      DE      BU  CH  AN    •    Con-   Regis  Joh^nisBalUol  ^.nnoreg- 

ni  ii.  Annis  Domini  in. cc.lxxxvi. 


stabularius  Scotie- 


ROGERUS  QUINCI  COMES  WINTONIE     Constabu- 
larius  Scotie- 

SEYERUS  DE    QUINCI  COMES  WINTONIE  ■  Con- Kegis  Roberti i.  an„.  «««■ 
stabularius  ■  forisfactus- 


DAUID  COMES  DE  ATHOL  •  Constabularius  Scotie- 


stabularius  noster 


Regis  Robert!  I.  aunis  regni  xij. 


XXXIV. 
MARISCALLI. 
EUGENIUS  ■  Mariscallus ■ 
MALISIUS  ■  Mariscallus- 
RANULPHUS  -  Mariscallus - 

HERBERTUS  •  Mariscallus  meus  •  et  Mariscallus  noster- 
SIMON  -  Mariscallus- 
SAMUEL  GILLECOLM  -  Mariscallus- 
PHILIPPUS  -  Mariscallus - 

DAUID  •  Mariscallus  meus  -  et  Mariscallus  Regis- 
PHILIPPUS  -  et  DAUID  -  Mariscalli  Regis  •  fratres- 


Rege  Malcolmo  IV. 


Regis  Willielmi  a 


250  THE    SPALDING    CLUB    MISCELLANY. 

Regis  Alexandri  U.  annis  rcgni    RICHARDUS  •    MarlsCalluS  •   filius    David- 
xvii.  etxlix.  et  sxij.  et  xxvj. 

DAVID  •  Mariscallus  •  et  ibidem- 

HERVEUS   DE    KEITH  -  Mariscallus  •  Herveus  est   tilius 
Philippi  Mariscalli  • 

JOHANNES  DE  KEITH  -  filius  Hervei- 

Rese  Alexandro  III.      Anno  Do-    ROBERTUS-    MaHsCalluS - 

Re^isjohannisannoregniii.       ROBERTUS  DE  KEITH-  Mariscallus  noster - 

Regis    Robeiti    I.  annis  regni 

Zloor^lcS.^^'  ROBERTUS  DE  KEITH  -  hereditarius  Mariscallus- 

m.ccc.xiij.  et  m.ccc.xxj. 

Anno  Domini  m.ccc.viiij.  ROBERTUS  DE  KEITH  ■  Mariscallus  Scotie  •  et  Justiti- 

arius  ab  aqua  de  Forth  usque  ad  Montes  Scotie  • 


1466.]  THE    ERROLL    PAPERS.  251 

M.  i3antrs  of  iWanrent  jFrintt)si)ip  anti  Alliance. 


INDENTURE  BETWEEN  THE  EARL  OF  ERROLL  AND  THE  LORD 
GORDON.     XXVI  JANUARY  MCCCCLXVL 

This  endentur  made  at  Abirden  the  xxvj  day  of  the  moneth  of  Januar  the  Anebandmaid 
yer  of  Gode  a  thowsande  four  hundreth  sexti  and  v  yeris  proportis  ande  ^'^',?'^.'|l*^ 
beris  witnas  in  it  selfF  in  nianer  and  fovrme  as  eftir  folowis  /  That  is  to  say  and  the  Lord 
It  is  accordit  and  appvnttyt  betwix  honorabill  and  niychti  lordis  Nycholl  Gordoun  ilk 
Erl  of  Erol  Lorde  the  Haye  and  Constabill  of  Scotlande  on  that  ta  part  yther  aganis 
ande  George  Lorde  Gordon  and  Master  of  Huntle  on   that   tother  part  quhatsumewir 
Tliat  the  said  George  Lorde  Gordon  bindis  and  oblissis  hym  to  the  saide  "hora^te^onlv  ■ 
Nychol  Erl  his  brother  in  law  that  he   sail  be  for  hym  and  with  hym  his  except.  1466. 
kynne  and  freindis  ande  ther  querallis  in  consael  help  supplee  mantenans 
ande  defens  /  alsfer  as  gude  consciens  and  resovn  vill  /  in  the  strattast  fovrme 
of  bande  of  kyndnas  aganis  and  befor  all  lywande  man  exeep  his  allegeans 
to  our  Souerane  Lorde  the  Kyng  alanerly  /  Ande  giff  ony  contrauersyis 
happynis  betwix  the  saide  lordis  thar  kynne  or  freindis  thai  sail  be  decidit 
and  decernit  be  thre  of  thair  weil  set  consaell  on  athir  syde   deput  and 
chosine  therto  quhow  oft  it  sal  happyn  to  fall  /  the  lordis  remanande  in  ten- 
dernas  neuer  the  less  eftir  the  tenour  of  thair  bande  /  Ande  for  the  mar 
sickernas  athir  of  the  saide  lordis  has  gifEne  other  the  faithis  of  thair  body 
the  haly  ewangell  twychit  the  gret  aith  gangande  betwen  /  Thir  letteris  tyll 
endur  for  all  the  dayis  of  thair  lyflFe  /  And  gif  thar  happynis  to  be  sen 
speidfull  to  ony  of  the  saide  lordis  or  thar  consaell  to  eik  or  repar  or  re- 
fovrme  thir  saide  endenturis  thai  sal  be  redy  thairto  withoutyn  ony  stop  to 
put  thame  in  the  best  fovrme  without  fraude  or  gyll  for  worschip  and  profit 
to  baith  the  lordis  /  In  witnas  herof  we  half  set  to  our  seellis  to  thir  present 
endenturis  enterchangabilly     And   I  the  saide  George  Lord  Gordon  has 
made  my  seell  be  affisit  to  the  parte  remanande  with  the  saide  Lorde  Nichol 
Erl  of  Erol  and  subscriwit  with  my  awin  hande  at  day  yer  and  place  befor 
writtyne 

George  Lord  Gordon 


252 


THE    SPALDING    CLUB    MISCELLANY. 


[1477. 


BAND  OF  MANRENT  OF  ALEXANDER   MACKINTOCHE  THANE  OF 
RATHAMURCUS.      XVII  JUNE  MCCCCLXXII. 

Be  it  maide  kende  to  al  men  by  thir  present  lettirs  me  Alexander  Mac- 
kintoche  Thane  of  Rathamurcus  to  be  ridin  man  to  my  Lorde  William  Erll 
of  Eroll  Lord  the  Hay  and  Constable  of  Scotland  for  all  dayis  of  my  lyffe  / 
And  that  I  sail  gyve  my  saide  lorde  leile  and  trew  consale  eftir  my  knav- 
lage  quhen  he  askis  me  it  /  I  sail  heyll  his  counsale  quhen  hee  schawys  me 
it  /  I  sail  neythir  heir  his  skayth  nor  se  it  but  I  sail  dyscouir  it  to  my  saide 
lorde  and  let  it  at  my  powar  And  I  salbe  with  my  saide  lorde  in  weir 
and  in  peace  for  all  the  dayis  of  my  lywe  in  contrar  and  aganis  all  leuande 
man  excep  myn  allegens  to  my  Soueran  Lorde  and  my  manrent  to  ray  Lorde 
of  Huntly  /  with  all  vthir  poyntis  of  manrent  bot  fraude  or  gyll  /  In  witnes 
herof  I  haue  maide  be  affixit  my  seill  to  thir  my  letteris  till  endur  for  all 
the  dayis  of  my  lyffe  /  At  Perthe  the  xvij  day  of  June  the  yer  of  God  a 
thowsand  four  hundreth  sevynty  and  tway  yeris  • 


IIL 


BAND  OF  MANRENT  OF  THE  COADJUTOR  OF  ST.  ANDREWS. 
XXXI  OCTOBER  MCCCCLXXVII. 


Maister  Wil- 
liam Cheiues 
coadiutor  of 
Sanctandross 
his  band  of 
manrentt  to 
William  Erll 
of  Erroll. 

31  Oct.  1477. 


Be  it  kend  til  al  men  be  thir  present  letteris  ws  Maister  Williame 
Scheues  coadiutor  of  Sanctandrouse  to  be  bundiu  and  oblist  /  and  be  thir 
present  letteris  and  the  faith  in  oure  body  lelely  and  treuly  bindis  and 
oblisis  ws  /  til  ane  richt  noble  and  mychty  lord  William  Errle  of  Erole  Lord 
the  Hay  and  Constable  of  Scotland  in  oure  lele  treu  lawte  afald  kindnes 
help  supple  and  furthering  to  be  done  to  the  said  Erie  be  ws  oure  freindis 
men  and  seruandis  with  al  that  we  may  purchess  /  And  we  sal  rid  gang  and 
laboure  with  him  his  freindis  men  and  seruandis  quhen  we  salbe  requerit 
thairto  And  we  sal  tak  ane  afald  pairt  in  al  his  leifFul  and  honest  actionis 
causis  and  querellis  movit  and  to  be  movit  quhatsumeuer  agane   thame 


1483.] 


THE    ERROLL    PAPERS.  253 


sal  tak  pairt  in  the  contrar  /  oure  allegiance  til  our  Soverane  Lord  the 
King  alway  to  be  except  and  outane  /  And  we  sal  gif  him  the  best  coun- 
sale  we  can  quhen  he  ony  askis  at  ws  And  concele  the  counsal  that  he 
schewes  to  ws  And  reuele  it  to  na  person  with  oute  his  awin  aviso  And  we 
sal  nother  heir  nor  se  schaith  nor  apperand  perell  to  him  bot  we  sal  warne 
him  thairof  in  all  possible  haist  and  resist  agane  the  samyn  at  oure  guidly 
power  /  To  the  quhilk  al  and  sindri  thingis  aboue  writin  to  be  lelely  and 
treuly  obseruit  and  kepit  for  al  the  dais  of  oure  lyffe  we  bynd  and  obliss 
ws  in  the  maist  sicare  forme  and  stile  of  obligacion  but  fraude  or  gile  / 
because  of  his  letteris  maid  to  ws  in  siklik  forme  agane  /  In  witnes  of  the 
quhilk  thing  to  thir  our  present  letteris  subscriuit  with  our  hand  we  haue 
affixt  oure  sele  at  Edinburgh  the  last  day  of  October  the  yher  of  God  a 
thousand  four  hundreth  sevinty  and  sevn  yheris 

William   Scheues  coadiutour 
of  Sanctandross 


IV. 

BAND    OF  MANRENT    OF  ALEXANDER    IRVYN  OF  LUNMEY  HEIR 
APPARENT  OF  THE  DRUM.     XVII  APRIL  MCCCCLXXXIIL 

Be  it  kend  tiU  all  men  be  thir  present  letteris  me  Alexander  Irvin  of 
Lunmey  sonn  and  apperand  ayr  to  Alexander  Irvin  of  The  Drum  to 
be  cumin  trew  man  and  seruand  /  And  be  the  tenor  of  thir  present  lettres 
becummyss  trew  man  and  seruand  be  the  faith  in  my  bode  /  to  ane  nobile 
and  michty  lord  Williame  Erie  of  Erole  Lord  the  Hay  and  Constabile  of 
Scotland  in  leile  and  trew  manrent  and  seruice  in  pess  and  in  wer  with 
my  persoun  and  gudis  in  contrare  and  aganis  aU  dedly  or  at  de  may  /  myne 
allegiance  to  our  Souerane  Lord  the  King  alanarly  outane  /  And  at  I  sail 
nothir  heir  wit  see  nor  knaw  skaith  hourt  damagis  dysswirschip  or  ap- 
peyrrand  perral  to  his  persoune  gudis  freindis  or  heritagis  [bot]  I  sail  warne 
him  tharof  and  lat  it  at  my  gudly  powar  i  And  gif  he  askyss  at  me  ony 
consall  I  sail  gif  him  the  best  I  can  /  And  gyf  ony  consall  he  schawls  me  I 
sail  conseill  and  kep  it  secret  /  but  fraud  or  gile  with  all  wthir  poyntis  con- 
tenyt  in  the  aithe  of  manrent  /  And  this  manrent  to  endur  for  all  the  termyss 
of  sevin  yeris  next  folowand  the  date  of  thir  present  lettres  all  fraude  and 


254  THE    SPALDING   CLUB    MISCELLANY.  [1484. 

gile  secludit  and  away  put  /  the  said  sevin  yeris  of  manrent  beand  run 
complet  and  endit  I  obliss  me  as  said  is  now  as  than  and  than  as  now  to 
my  said  Lord  Erie  to  stand  fourth  in  manrent  lavte  and  seruice  as  at 
the  makking  of  this  present  writ  my  fee  beand  considerit  and  modefeit 
be  thir  personys  vnderwritin  That  is  for  to  say  /  Master  Gilbert  the  Hay 
of  Wry  /  Master  Dauide  the  Hay  /  Master  Johnn  the  Hay  prebendar  of 
Croudan  /  Alexander  Frassir  of  Dourris  /  Robart  Blynsall  alderman  of 
Aberden  /  and  Alexander  Irvin  of  Belte  or  siclik  personys  /  In  witnes 
of  the  quhilk  thingis  to  thir  present  lettres  I  haue  affist  my  seile  at  the 
Castale  of  Slanes  the  xvij  day  of  Aprile  the  yer  of  God  aue  thousand  four 
hundreth  auchte  and  thre  yeris  /  And  for  the  mar  sickyrness  I  haue  subscriuit 
thir  present  lettres  with  my  avne  hande  day  and  plass  aboun  writin  etc. 

Alex"    Irvyn  of  Lvnmey 
manu  propria 


BAND  OF  MANRENT  OF  JOHN  OF  KETH  OF  LUDQUARNE.  XXIV 
NOVEMBER  MCCCCLXXXIV. 

Be  it  kend  till  ale  men  be  thir  present  lettres  me  Jhone  of  Ketht  of  Lud- 
quarne  to  be  bundyne  and  stratlie  oblist  /  and  be  the  fatht  of  my  bodie 
lelie  and  treuly  bindis  and  oblissis  me  in  leill  trew  and  ayfald  manrent  and 
seruice  /  till  ane  richt  noble  and  michtie  lord  William  Erie  of  Eroll  Lord 
Hay  and  Constable  of  Scotland  /  for  all  the  dais  of  my  ly  we  /  myn  allegeance 
tile  our  Souerane  Lord  and  my  seruice  aucht  of  law  to  my  forfeftouris 
alanarlv  excepit  /  And  that  I  salbe  with  my  said  lord  in  pece  and  weyr  And 
o-if  him  the  best  consall  that  I  can  gif  he  at  me  ony  askis  And  conseill  his 
consall  gif  he  to  me  ony  schawls  Nother  heir  nor  se  his  skatht  bot  I  sail 
warne  him  tharof  and  lat  the  samyn  at  my  pouer  /  with  al  pvntis  contenit  in 
band  of  manrent  /  indurand  all  the  dais  of  my  lywe  /  eftir  the  tenour  of  my 
said  lordis  band  maid  to  me  tharupon  vnder  his  sell  /  In  witnessing  of  the 
quhilkis  in  defalt  of  a  sell  of  myn  avne  I  haf  procurit  with  instance  the  sell 
of  my  brother  in  the  law  Alexander  Iruyn  of  Lunmey  to  be  affixit  to  thir 
lettrys  At  Abirden  the  xxix  day  of  Nouember  the  yer  of  God  a  thousand 
four  hundretht   fourscore   and  four  yeris  Befor  thir  witnes  Master  Jhon 


1484.]  THE    ERROLL    PAPERS.  255 

Hay  persone  of  Croudane  /  Andro  Ketht  of  Coklaw  /  Alexander  Tulidef 
of  That  like  /  and  Schire  Jhone  Striueling  publict  notar  /  with  vthir 
sundry  /  And  subscriuit  with  my  hand 

Jon  of  Ke'^    of 
Lvdquran 


LITERA  HOMAGIJ   WILIELMI  KETH  DE  YTHANE.      XXIV  NOVEMBER 
MCCCCLXXXIV. 

Be  it  kend  till  ale  men  be  thir  present  lettres  me  Williarae  Ketht  of  Ythe 
to  be  bundin  and  oblist  /  ande  be  the  tenor  of  thir  present  lettres  fathtfully 
bindis  ande  oblissis  me  in  trew  manrent  and  seruice  /  for  al  the  tyme  and 
termes  of  thre  yeris  next  eftir  foloing  and  togidder  the  date  of  the  present 
lettres  /  til  ane  richt  nobile  and  michtie  lord  Wilyeame  Erie  of  Erol 
Lord  Hay  and  Constable  of  Scotland  /  na  man  ovtane  bot  myn  aUegeanee 
till  our  Souerane  Lord  my  seruice  aucht  of  law  to  my  forfeftouris  and 
manrent  to  my  Lord  of  Huntlie  /  I  salbe  with  the  said  Lord  Wilyeame  in 
pece  and  weir  Gif  him  the  best  consall  I  cane  gif  he  at  me  ony  askis  And 
conseile  his  consall  gif  he  to  me  ony  schawls  Kothir  her  nor  se  his  skatlit 
bot  I  sal  warne  him  thairof  and  latt  the  samyn  at  my  pouer  /  with  all  vthir 
puntis  contenit  in  band  of  manrent  /In  witnessing  of  the  quhilkis  becauss  I 
had  na  seill  present  of  myn  avne  I  haue  procurit  with  instans  the  seill  of  a 
noble  man  and  my  dearast  eme  Andro  Ketht  of  Coklaw  to  be  affixit  to  thir 
lettres  At  Abirdene  the  xxix  day  of  Nouember  the  yer  of  God  a  thousand 
four  hundretht  fourscore  and  four  yeris  Befor  honorabill  men  Alexander 
Iruyn  of  Lunmey  /  Master  Jhon  Hay  person  of  Crovdane  /  Jhone  Ketht 
of  Ludquarne  /  and  Alexander  Tulidef  of  That  Ilk  /  with  vthir  sundry  / 
togidder  with  subscripcion  of  myn  avne  hand 

Wylyam    Ke^    of  Hythene 


2  K 


256  THE    SPALDING   CLUB    MISCELLANY.  [1487. 


THE  MANRENT  OF  THE  CONSTABIL  OF  ABIRDENE.     XXVII  APRIL 
MCCCCLXXXVIL 

Be  it  kend  til  al  men  be  thir  present  lettres  me  Wilyeame  Kynidy  Con- 

stabil  of  Abirdene  grantis  me  to  becumin  oblist 

ane  noble  and  mychti  lord  Wilyeame  Erie  of  Errole  Lord 

Hay  and  Constable  of  Scotland for  ale  the  dais  of  my 

lif  /  And  be  the  tenour  of  this  present  writ  bindis  and  oblissis  me  to  be  leile 

trew  and to  my  said  lord  for  ale  the  dais  of  my 

lif  as  said  is  And  nothir  to  heir  his  skaith  nor  se  his  skaith 

power  /  And  to  gif  his  lordschip  my  gud  consale  quhen  he 

askis  it  of  me his  consale  quhen  I  heir  to  conseile 

and  to  stand  with  my  said  lord  in  defence  of  his  persoune  actiounis  .  .  . 

and  querelis  aganis  al  dedlie  saifand  my  allegiance  to  my 

Souerane  Lord  the  King  /  In  witnes  of  the  quhLlkis  thingis  I  haue  affixt 
my  seile  to  this  present  writ  at  Vry  the  xxvij  dai  of  Aprile  the  yher  of 
God  a  thousand  four  hundrethe  auchti  and  sevin  yeris 


VIII. 


ANE    BAND    OF    MANRENT    OF    FEDDERATTIS    TO    EROLL.      X  MAY 
MCCCCLXXXVIL 

Be  it  maid  kende  tyll  all  men  be  thir  present  lettris  me  Vilyeam  of 
Craufurd  lard  of  Fedra  to  be  becumin  mane  and  sarvand  to  ane  nobill  and 
mychti  lord  Vilyeam  Erll  of  Eroll  Lord  Hay  and  Constabile  of  Scotland  / 
for  all  the  dais  of  my  lyf  /  And  I  sail  be  leill  and  treu  to  my  saide  lord 
in  manrent  and  sarwice  in  pece  and  in  weir  in  red  and  in  consall  with  my 
person  and  gudis  /  And  sail  tak  leill  treu  and  aufald  part  with  hym  in  all 

and  sundry  thingis actionis  caussis  and  querallis  movit  and  to 

be  movit  /  in  the  contrar  of  all  otheris  that  lyf  or  de  ma  /  without  dissi- 
mulatioun  /  myn  allegians  allwayis  out  tane  to  our    Souerane    Lord  the 


1489.]  THE   EREOLL    PAPERS.  257 

Kyng  /  And  I  sail  nothir  heir  se  vit  nor  knaw  skaith  dampnagis  or 
apperand  perell  to  his  persone  heritagis  or  gudis  hot  I  sail  lat  it  all  my 
gudly  power  and  warne  hym  thairof  in  all  the  gudly  hast  I  cane  And  I  sail 
gyf  hym  the  best  consaU  I  cane  gyf  he  ony  askis  me  And  sail  heill  hys  con- 
sail  and  keip  it  secret  gyf  he  ony  schawls  me  /  And  to  the  sur  observing 
keiping  and  fulfylling  of  all  and  sundry  thingis  abufe  writyn  I  bind  and  I 
obliss  me  leillely  and  trewly  be  the  faith  in  my  body  but  fraud  or  gyll  /  In 
witness  of  the  quhylk  thing  to  thir  my  present  wryt  I  haf  set  to  my  seill 
At  Fedra  the  tend  day  of  May  the  yer  of  God  j""  iiij<=  Ixxxvij  yeris 


LETTIR  OF   MANRENT  OF  MASTER  WYLYAM  SCOT.     XIII  DECEMBER 
MCCCCLXXXVIII. 

Be  it  kend  tyll  all  men  be  thir  present  lettres  me  Mastir  Wylyeam  Scot 
of  Flawcrag  to  be  becumin  man  and  sarwand  tyll  ane  nobyll  and  mvchty 
lord  Wylyame  Erll  off  Eroll  Lord  Hay  and  Constabyll  of  Scotland  for  all 
the  dais  of  my  lyfe  /  And  I  sail  be  leiU  and  trew  to  my  said  lord 

.  In  witness  of  the 
quhilk  thing  to  thir  present  lettres  I  haf  affyxt  my  seill  At  Eroll  the  xviij 
day  of  Decembar  the  yer  of  God  j™  iiij<=  Ixxxviij  yeris  Befor  thir  wytness 
Wylyam  Hay  of  Wry  /  Peter  Hay  /  Patrick  Hay  /  and  Andrew  Stratha- 
quhin  /  with  wtheris  diuerss  etc- 


THE  LARD  OF  PHYLORTHYS  LETTER  OF  MANRENT.      XV  JANUARY 
MCCCCLXXXIX. 

Be  it  kende  till  all  men  be  thir  present  lettris  me  Alexander  Frasser 
sone  ande  ayr  to  Alexander  Frasser  vmquhill  larde  of  Fillortht  to  be  bundyn 
and  oblyst  /  and  be  thir  my  present  lettris  lelely  and  treuly  be  the  fayth  in 


258  THE    SPALDING    CLUB    MISCELLANY.  [1489. 

my  body  byndis  and  oblyssis  me  in  the  stratist  styill  and  furm  of  obligacione  / 
to  be  leyll  and  trew  man  till  ane  nobill  and  mychty  lorde  Wilyame  Erile  of 
Errole  Lord  Hay  and  Constabill  of  Scotlande  And  to  mak  hym  leyll  and 
trew  seruyce  in  peyss  and  in  weyr  agayn  all  thai  that  leyffis  or  de  may  / 
our  Soueran  Lorde  the  Kinge  alanerly  except  /  And  to  gyfF  hym  the  best 
consell  that  I  can  gyfF  he  ony  askis  at  me  And  til  kep  his  consell  secret 
quhen  I  am  chargyt  thairto  Ande  to  mak  hym  leyll  and  trew  seruyce  in  all 
actionis  caussis  and  quarell  at  all  tymes  and  alss  otft  as  I  salbe  raqueryt 
thairto  Ande  till  defende  his  lordschip  wyth  my  persone  men  kyn  and 
frendis  in  all  matris  he  has  ado  and  as  a  man  sulde  do  til  his  lorde  in  al 
thingis  as  wsse  and  consuetude  is  wythin  the  realme  of  Scotlande  /  And  thir 
my  lettris  of  manrent  lelely  and  treuly  til  endure  and  to  be  kepyt  for  al  the 
termes  of  thre  yeris  next  and  immediate  eftir  folowande  the  datte  of  this 
wryt  /  Ande  fra  the  saide  yeris  be  runyn  /  my  saide  lorde  gytfande  me  fee 
as  eiferis  be  awyss  and  sycht  of  frendis  /  I  oblyssis  me  to  be  man  till  hym  fra 
that  furth  bot  gyfF  the  fawt  be  in  hym  selfF  all  fraude  gyill  cavillacion 
and  frewoll  excepcionis  beyinge  excludyt  and  by  put  ■  In  witnes  of  the 
quhilk  thinge  becauss  I  hade  na  seyll  presentt  of  myn  awne  I  hafF  pro- 
curyt  wyth  instans  the  seyll  of  ane  honorabill  man  Wilyam  Chayn  off 
Ca  ....  to  be  affixt  to  thir  my  present  lettris  obligatour  At  the  Chan- 
onry  of  Ross  /  with  the  manuell  subscripcion  of  myn  awn  hande  /  the  xv  day 
of  Januar  the  yer  of  Gode  ane  thousande  four  hundreth  auchty  and  aucht 
yeris  Befor  thir  witnes  Alexander  Irwyne  of  Lunmeyth  /  Wilyam  Rede  of 
Colliston  /  Johne  Panton  of  Petmeithand  /  Jorge  Frasser  /  ande  Wilyame 
off  Laysk  /  wyth  dywers  vthirs 

Alex"    Fraser   manii  propria 


LITERA    HOMAGIJ    DOMINI    DE    TOLLOQUHONE.       XII   JUNE 
MCCCCLXXXIX. 

Be  it  maid  kende  tyll  all  men  be  thyr  present  letteris  me  Malcom 
Forbes  of  Tolloquhone  to  be  bwndyne  and  oblyst  to  ane  nobyll  and 
mychty  lord  Wilyame    Erll  of   Eroll    Lord   the    Hay  and    Constaple  of 


1490.]  THE    ERROLL    PAPERS.  259 

Scotland  To  be  man  and  seruande  to  my  said  lord  for  all  the  termis  and 
tym  of  fyfe  yeris  next  and  immediate  followyng  the  date  of  thir  present 
letteris  /  And  to  ryd  and  gang  with  my  said  lord  in  contrar  and  aganis 
all  tham  that  Icffis  or  de  ma  /  saffand  myne  allegens  alanerly  tyll  our  Sou- 
erane  Lord  the  Kyng  /  And  to  gyf  lele  and  trew  consell  to  my  lord  gyf 
ony  he  me  haskis  And  tyll  heile  hys  consell  gyf  he  ony  me  schawys  And  to 
diffend  all  accionis  or  querralis  for  my  said  lord  alss  weile  behynd  his  bak 
as  in  his  presens  /  wyth  all  other  and  syndry  pointis  alss  weile  wnnemmyt 
ass  nemmyt  that  ony  man  dois  for  hys  lord  and  wyth  hym  wythin  the 
realme  of  Scotlande  i  And  to  the  obseruing  and  kepyng  of  all  thir  forsaid 
pointis  I  bind  and  oblyss  me  be  the  fatht  in  my  body  wnder  the  stratast 
forme  and  stylle  of  obligacione  /  In  wytness  of  the  quhylkis  I  haf  affixit  my 
seile  to  this  my  present  wryt  At  Ardendracht  the  sij  day  of  June  the  yer 
of  God  a  thowsande  four  hwndreth  auchty  and  nyn  yeris  Befor  thir  wytness 
Wylyame  the  Hay  of  Ardendracht  /  Gylbert  Hay  son  and  apperande  ayr 
to  the  said  Wilyame  /  Dauid  Forbes  in  Echise  /  And  Schyr  Andro  Irlande 
vicare  of  TorrefF  etc  ■ 

Malcom  Fforbes 

of  Tolloquhone 


XII. 

VILYAM  LESLY  BRODER  TO  THE    ERLL  OF  ROTHUSIS    BAND  OF 
MANRENT  TO  ERROLL.      Ill  JUNE  MCCCCXC. 

Be  it  kend  tille  alle  menne  be  thir  present  lettris  me  Wilyeame  of  Leslie 
brothir  germane  to  George  Erlle  of  Rothess  to  be  bundin  and  oblist  /  and 
be  the  tenour  of  this  my  writ  and  the  fatht  of  my  body  /  to  be  leill  trew  man 
and  seruand  to  my  Lord  Wilyeame  Erll  of  Erroll  Lord  Hay  and  Constable 
of  Scotland  And  that  I  sail  heill  his  consaill  and  gif  hime  the  best  consail 
I  cane  gif  ony  he  askis  and  neuer  her  se  nor  wit  his  skaith  /  or  perell  till 
his  persone  or  herytage  /  hot  I  sail  warne  him  thairof  and  lat  it  at  my 
power  /  with  all  othir  poyntis  contenyt  in  the  band  of  manrent  /  except  my 
allegiange  till  our  Souerane  Lord  the  King  And  this  my  lettre  of  manrent 
to  indur  for  the  termes  of  twa  yeris  /  In  witnessing  herof  becawss  I  had 
no  seill  present  of  my  awyne  I  haf  subscriwit  this  writ  with  my  awne  hand 


260  THE   SPALDING   CLUB    MISCELLANY.  [1496. 

At  Slanys  the  third  day  of  June  the  yeir  of  God  j""  iiijc  and  nyntie 
yeris  Befor  thir  witnes  Wilyeame  the  Hay  lard  of  Ardendracht  /  Gilbert 
the  Hay  sone  and  apperand  ayr  to  the  said  Wilyeame  /  George  Abir- 
cromy  /  Maistir  Dauid  the  Hay  /  and  George  of  Leslie  /  with  othirs 
diuerss 

WiLYAM  Lesly  brothir 

german  to  the  Erl  off  Rothes 
manew  propria 


XIIL 

THOMAS  HAY  SON  TO  THE  LARD  OF  ARDENDRACHTIS   BAND  OF 
MANRENT.      I  NOVEMBER  MCCCCXCVL 

Be  it  kendit  till  all  men  be  thyr  present  lettris  me  Thomas  Hay  son  to 
Wilyam  Hay  of  Ardendracht  to  be  becumin  man  and  saruande  /  and  be  the 
tenor  of  thir  present  lettirs  becumis  man  and  trew  saruande  be  the  fatht 
in  my  body  /  to  ane  nobill  and  mychti  man  Wilyam  Mastir  of  ErroU  in  leill 
and  trew  manrent  and  saruice  in  pess  and  in  weyr  with  my  person  and 
gudis  in  contrar  and  agauis  all  dedly  or  at  de  may  /  ray  allegeance  to  our  So- 
uerane  Lord  the  Kyng  allanerly  outane  /  And  at  I  sail  nother  heyr  se  wyt  nor 
knaw  skath  hurt  dampnage  disworschip  or  apperand  perill  to  his  person 
gudis  frendis  or  heritage  na  I  sail  warne  him  thairof  and  lat  it  at  my  gudly 
power  And  gif  he  askis  at  me  ony  consell  I  sail  gif  him  the  best  I  can  And 
gif  ony  consell  he  schawls  me  I  sail  conseill  and  keip  it  secret  but  fraud  or 
gill  /  with  all  othir  poyntis  contenit  in  the  aitht  of  manrent  /  And  this  man- 
rent  to  indur  for  all  the  termys  and  dais  of  my  lyff  /  In  witness  of  the 
quhilk  thing  this  present  writ  I  haff  subscriwit  with  my  awyn  hand  At 
Slanes  the  first  day  of  Nouember  the  yeir  of  God  a  thousand  four  hun- 
dred nyntie  six  yeris 

Thomas  the  Hay 
manu  propria 


1504.]  THE    ERROLL    PAPERS.  261 


XIV. 

ANE  BAND  OF  MANRENT  MAID    BE  JHONE  CHEYNE  OF  ESSILMOND 
TO  VILYAM  ERLL  OF  ERROLL.     XI  SEPTEMBER  MCCCCXCIX. 

Be  it  inayd  kend  till  all  men  be  thir  present  lettris  me  Jhon  Cheyne  of  xhe  lettre  be- 
Essilmont  till  be  bundyn  and  oblist  /  and  to  be  becumyn  man  and  seruand  /  '"'^  my  lord 
to  my  Lord  of  ErroU  for  all  the  days  of  myn  lyf  /  myne  allegeans  acceptit  cheyn  of  Es- 
allanerly  to  our  Souerane  Lord  the  Kyng  /And  at  I  sail  noder  heyr  nor  wyt  silmont-  etc- 
the  scatht  of  my  said  lord  bot  I  sail  warne  hym  thairof  and  let  it  at  my  power 
And  at  I  sail  gyf  hym  the  best  consall  at  I  can  gif  he  ony  askis  And  at  I 
sail  consell  his  consall  gyf  he  ony  schawls  me  And  at  I  sal  ryd  and  gang 
with  my  said  lord  in  peax  and  in  weyr  alss  redy  and  awfauld  at  my  power  as 
ony  man  seruing  his  lord  within  the  reawlme  with  my  kyn  and  men  and 
frendis  at  will  do  for  me  /  And  to  the  leill  obseruing  and  keip  heroff  I 
bynd  and  obliss  mje  be  the  fatht  in  my  body  and  in  the  stratast  form  of  man- 
rent  /  In  witness  of  the  quhilk  thing  I  haf  subscriwyt  this  writ  and  lettir  of 
manrent  with  my  hand  At  the  Chapell  of  Laske  the  xj  day  of  Septembir  the 
yer  of  God  a  thowsand  fowr  hundreth  nyntie  and  nyne  yeris  Before  thir 
witness  Wilyam  Hay   of  Ardendracht  /  Mastir  Alexander  Cabell  person 
of  Banchry  /  and  Gylbert  Hay  /  and  under  my  seill 

John  Cheyne  of  Essilmont 
manu  propria 


ANE  MANRENT  OF  ALEXANDER  BANERMANIS  OF  VATTERTOVN 
TO  THE  ERLL  OF  ERROLL.  Ill  JUNE  MDIV. 

Be  it  kend  tyll  all  men  be  thir  present  lettris  me  Alexander  Banerman 
of  Wattertown  to  be  becumin  man  and  seruand  And  be  the  tenour  of  this 
writ  becumis  man  and  seruand  to  ane  rycht  nobill  man  Wylyam  Master  of 
Eroll  for  all  the  dayis  of  my  lyf  /  And  I  sail  ryd  and  gange  with  my  said 
master  at  all  tymes  quhen  I  ame  chargit 

In  wytness  of  the  quhilk  thing  to  thir  my  present  lettris  of  manrent  I  haf 
aflyxt  my  seill  At  Abbirden  the  thrid  day  of  Junij  the  yeir  of  God  ane 


262  THE    SPALDING   CLUB    MISCELLANY.  [1506. 

thousand  fyf  hundreith  and  four  yeris  ;  And  for  the  mair  securite  I  haf  sub- 
scry  wit  this  writ  with  my  hand  etc  ■ 

Alex"  Banerman  of  Watartone 
with  my  hand  etc  • 


XVI. 


ANE  BAND  OF  MANRENT  MADE  BE  FADDRAYT  TO  THE  ERLL  OF 
ERROLL.     XXIII  FEBRUARY  MDVI. 

Be  it  kend  tyll  all  men  be  thir  present  lettris  me  Thomas  Craufurd  sone 
and  aire  apperand  to  Wylyam  Craufurd  of  Fedray  to  be  bundin  man  and 
sarwand  /  and  be  this  writ  bindis  me  in  laute  manrent  and  seruice  /  to  ane 
rycht  nobill  man  Wylyam  Master  of  Eroll  for  all  the  dais  of  my  lyf  /  And 
I  sail  ryd  and  gang  with  my  said  master  in  pece  and  in  weir 

In  witness  of  the  quhilk  thing 
to  thir  my  lettris  of  manrent  I  haf  afFyxt  my  seill  togydder  with  the  sub- 
scrypcioun  of  my  hand  At  Slanis  the  xxiij  day  of  Februar  the  yeir  of  God 
jm  v=  and  fyf  yeris  Befor  thir  witness  Mastir  Dauid  Hay  /  Walter  Hay  / 
and  Androw  Strathaquhin  /  with  wtheris  dyuerss  etc  • 

Thomas  Crafurd  etc- 


HENRY  CHEYNE   OF  ESSILMONDIS  BAND  OF  MANRENT  TO  ERROL. 
II  JUNE   MDVL 

Be  it  kend  tyll  all  men  be  thir  present  lettirs  me  Henry  Cheyne  of  Essil- 
mond  to  be  becumin  man  and  sarwand  /  and  be  the  tenour  of  this  writ 
becumis  man  and  sarwand  /  to  ane  rycht  nobill  man  Wylyam  Hay  Master 
of  ErroU  for  all  the   dais  and  terms  of  my  lyf         . 

In  witness  heirof  I  haf  affyxt  my  seill  to  this  writ  At 
Slanis  the  secund  day  of  Junij  the  yeir  of  God  j"  five  hundreith  and  sax 
yeris  Befor  thir  witnes  Sir  Gilbert  Hay  of  Ardendraicht  knycht  /  Patre 
Cheyne  /  and  Androw  Strathaquhin  /  with  wtheris  dyuerss 

Henry  Cheyne  of  Essilmont 


1507.]  THE   EREOXX   PAPERS.  263 


ANE  BAND  OF  MANRENT  MAID  BE  HENRY  CHENE  OF  ESSILMOND 
TO  WILYEAM  MASTER  OF  ERROL  /  FOR  XIJ  MERKIS  MONY.  V 
JUNE  MDVI. 

Be  it  kend  tyll  all  men  be  thir  present  lettris  me  Henry  Chene  of 
Essilmond  /  that  forsamekyll  as  my  master  Wylyeam  Hay  Master  of  Eroll 
is  bundin  to  me  in  the  paiment  of  the  sowme  of  ten  pundis  yeirly  eftir  the 
deseiss  of  my  lord  his  fader  for  all  the  dais  of  my  lyf  for  my  manrent  and 
seruice  bundin  to  my  said  master  for  the  said  termis  /  nochtwithstanding  I 
grant  that  I  haf  dischargit  /  and  be  this  my  writ  dischargis  /  my  said 
master  of  the  paiment  of  fourti  schillingis  of  the  said  ten  pundis  yeirly  for 
all  the  dais  of  my  lyf  /  sua  that  I  get  gud  thankfull  paiment  of  tuelf  merkis 
of  the  said  ten  pundis  yeirly  for  all  the  dais  of  my  lyif  eftir  the  deseiss  of 
my  Lord  of  Eroll  that  now  is  leifand  /  In  witness  of  the  quhilk  thing  I  haf 
subscrywit  this  writ  with  my  hand  At  Essilmond  the  fyft  day  of  Junij  the 
yeir  of  God  j™  fyf  hundreith  and  sax  yeiris  Befor  thir  witness  Schyr 
Gylbart  Hay  of  Ardendraicht  knycht  /  Henry  Chene  /  Andro  Stratha- 
quhin  /  and  Andro  Makane  /  with  wtheris  dyuerss 

Henry  Cheyne  of  Esselmont 


XIX. 

ANE  BAND  OF  MANRENT  OF  THE   LARD  OF  LEITHENDEIS  GEWIN 
TO  THE  ERLE  OF  ERROLL.     X  JULY  MDVII. 

Be  it  kend  till  al  men  be  thir  present  lettres  me  Andro  Hering  of  Glas- 
clune  sone  and  aperand  air  to  James  Herring  of  Lethiny  to  be  bundin  and 
oblist  /  and  be  the  faytht  and  trewtht  in  my  body  byndis  and  oblissis  me  And 
becumis  man  and  seruand  /  to  ane  nobill  and  michty  lord  William  Erlle  of 
Eroll  Lord  Hay  and  Constabill  of  Scotland  And  I  sail  ryd  and  gano-  with 
my  said  lord  ..... 

In  witnes  of  the  quhilk  thing  to  thir  my  present  lettres  of 
2  L 


264  THE   SPALDING   CLUB   MISCELLANY.  [1508. 

obligatione  I  haue  affixit  my  seille  togidder  with  the  subscriptione  of  my 
hande  At  Perth  the  x  day  of  JuHj  the  yer  of  God  a  thousand  fif  hundretht 
and  sewin  yeris  Befor  thir  witness  Thomas  Hay  of  Logy  /  Edmvnd  Hay 
of  Melginch  /  and  Master  Johne  Hay  /  with  vtheris  diuerss  etc  ■ 

Andro  Hering 

of  Glasclwne  etc  ■ 


XX. 


ANE  BAND  OF  MANRENT  OF  GILBART  HAYIS  OF  DELGATY  /    MAID 
TO  THE    ERLL  OFF  ERROLL.     IV  JANUARY  MDVIII. 

Be  it  kend  til  al  men  be  thir  present  lettris  me  Schir  Gilbart  Hay  of 
Ardendracht  knicht  to  be  bundyn  and  oblist  /  and  be  thir  my  present  lettris 
and  the  fath  in  my  body  stratly  bindis  and  oblisis  me  and  becummys  man  /  to 
a  noble  and  mychty  lord  Williame  Erlle  of  EroU  Lord  Hay  and  Con- 
stable of  Scotlande  /  and  to  his  ayris  /  that  I  sal  be  lele  trew  and  afauld  til 
him  and  his  ayris  without  ony  dissimilatioune  in  al  and  syndri  his  actiones 
and  thairis  caussis  and  querellis  niovit  or  to  be  movit  /  And  I  sal  gif  to  him 
and  his  airis  the  best  counsale  I  can  therintill  And  concele  the  counsale  he 
or  his  airis  schawls  to  me  /  I  sal  nothir  wit  knaw  see  nor  vnderstande  his 
nor  thair  skath  dede  nor  disherising  nor  yit  bodely  harme  hot  I  sal  stope 
and  lett  it  at  al  my  power  and  warne  him  and  thame  thairof  in  al  the 
hast  I  can  or  may  /  I  sal  ride  and  gang  with  him  and  his  airis  in  pece 
and  in  were  als  oft  as  I  am  requirit  be  him  /  and  falyeing  of  him  be  his 
airis  /  apoun  myne  awne  expenss  And  be  for  him  and  thame  and  with  him 
and  thame  aganis  al  dedly  /  myne  allegeaunce  til  our  Souerane  Lord  the  King 
alanerly  outtane  /  Becauss  my  said  Lord  of  EroU  has  infeft  me  in  certane  of 
his  landis  of  the  barony  of  Slanys  for  al  the  dais  of  my  life  for  my  seruice  / 
as  at  mare  lyntht  is  contenit  in  the  infeftment  maid  to  me  thairapoun  eftir 
the  forme  of  ane  contract  maid  betuix  my  said  lord  and  me  thairapoun  / 
And  to  the  obseruyng  keping  and  fulfilUng  hereof  I  bynd  and  obliss  me  to 
my  said  lord  and  his  airis  in  the  sickerast  forme  of  obligatioune  and  be 
the  fath  and  treuthe  in  my  body  but  fraude  or  gile  And  thir  my  lettris  of 
manrent  til  indure  for  al  the  dais  of  my  life  to  my  said  lorde  and  his  airis  / 
In  witnes  of  the  quhilk  thingis  I  haue  affixit  hereto  my  sele  togedir  with 


1511.]  THE    ERROLL    PAPERS.  265 

myne  subscriptioune  manuale  At  Slanis  the  ferde  day  of  Januer  the  yere  of 
Godj™  v<=  and  vij  yeris  Befor  thir  witnes  Master  Jhone  the  Hay  persoune 
of  Turref  /  Andro  Strathachoune  /  Schir  Andro  Ii'lande  vicare  of  Turref  / 
and  Schir  Jhone  Hirdman  notare  pubHc  /  with  wtheris  diuerss 

Gylbert  Hay  of  Ardendracht 
manu  propria  etc  ■ 


XXI. 


ANE  BAND  OF  MANRENT   OF  ROBART  WAUSS  MAID  TO  WILIAM 
ERLL  ERROLL.     XXVI  FEBRUARY   MDIX. 

Be  it  kend  tyll  all  men  be  thyr  present  lettris  me  Robert  Wauss  to  be 
becummyn  man  and  seruand  /  and  be  the  tenor  of  this  wryt  becumis  man 
and  seruand  /  to  ane  nobyl  and  mychty  lord  William  Erlle  of  Eroll  Lord 
Hay  Constabyl  of  Scotland  for  aU  the  dayis  of  my  lyfF  . 

.  In  wytnes  herof  I  haue  affixit  my  seill  to  this 
present  writ  At  Abirden  the  xxvj  day  of  Februar  the  yer  of  our  Lord  ane 
thousand  fyf  hundretht  and  viij  yeris  Befor  thir  wytnes  Schyr  Jhon  Ruder- 
furd  knycht  /  Master  Dauid  Hay  and  Androw  Strathaqhin  /  with  otheris 
diuerss  etc  ■ 


THE  LARD  OF  WUDNES  LETTIR  OF    MANRENT.     VIII  JANUARY 
MDXL 

Be  it  kend  tyll  all  men  be  thir  present  lettirs  me  Ranald  Oudny  of  That 
Hk  to  be  becumin  man  and  serwand  /  and  be  the  tenour  of  this  writ  be- 
cumis man  and  serwand  /  to  ane  rycht  nobill  and  potent  lord  Wylyeam  Erll 
of  Eroll  Lord  Hay  and  Constabill  of  Scotland  for  all  the  dais  of  my  lyf/ 
And  I  sail  be  leill  and  trew  to  my  said  lord  and  do  hym  seruice  with  my  kyn 
men  and  frendis    ...  ... 

In  witness  of  the  quhilk  thing  I  haf  set  to  my  seill  to  this  my  lettir  of  man- 


266  THE   SPALDING   CLUB    MISCELLANY.  [1515. 

rent  At  Abbirden  the  aucht  day  of  Januar  the  yer  of  God  j">  v<=  and  ten 
yeris  togyder  with  the  subscription  of  my  hand  etc  • 

Ranald  Oudne  of 
That  nk. 

XXIII. 

LITERA  HOMAGIJ  DOMINI  DE  ARDENDRACHT  FACTA  DOMINO 
COMITI  DE  EROLLE.     V  FEBRUARY  MDXV. 

Jhesus  Maria 
Be  it  kend  til  al  men  be  thir  present  lettres  me  Alexander  Hay  of 
Ardendracht  to  be  bundyn  and  oblist  /  and  be  thir  present  lettres  and  the 
fatht  and  treuth  in  ray  body  stratlie  bindis  and  oblissis  me  and  becumis  man  / 
til  ane  noble  and  potent  lord  Williame  Erll  of  Eroll  Lord  Hay  and  Con- 
stable of  Scotland  and  to  his  airis  male  that  salbe 

.  In  witness  of  the  quhilk  thing  to 
thir  ray  lettres  of  manrent  I  haue  affixt  my  sele  and  subscriuit  the  samyn 
with  rayne  awine  hande  At  Slanis  the  fifte  day  of  Februar  the  yere  of 
God  a  thousande  fif  hundretht  and  xiiij  yeris  befor  witnes  • 

Alex"  Hay  off  Ardendracht 
witht  my  hand  etc  • 


XXIV, 

LITERA  HOMAGIJ  WILIELMI  LASK  BURGENSIS  DE  ABIRDENE  FACTA 
DOMINO  COMITI  DE  EROL.      XXVI  FEBRUARY  MDXV. 

Jhesus  Maria 
Be  it  kende  til  al  men  be  thir  present  lettres  me  Williame  Lesk  burges 
of  Abirdene  to  be  bundin  and  oblist  /  and  be  thir  my  lettres  and  the  faith  in 
my  body  and  treuth  /  stratlie  bindis  and  oblisis  me  and  becumis  man  til  ane 
noble  and  potent  lorde  Williame  Erlle  of  Eroll  Lord  Hay  and  Constable  of 
Scotlande  That  I  sal  be  lele  trew  and  afauld  to  him  and  to  his  airis  . 

.     Becauss  that  my  said  gude  lorde 
and  master  has  admittit  me  and  affermit  me  tennend  in  and  to  the  half  of  al 


1516.]  THE    ERROLL    PAPERS.  267 

and  hale  the  landis  of  Lesk  with  the  pertinentis  pertennande  to  my  deceast 
fader  Williame  Lesk  of  That  Ilk  in  heretage  /  and  pertennand  to  the  said 
lorde  as  superior  of  thesamyne  ,'  for  al  the  dais  of  my  life  for  my  seruice  for- 
saide  .  To  the  obseruyng  keping  and  fulfilling  hereof  I  binde  and  obliss  me 
to  my  said  lord  and  mastir  in  the  sickerast  forme  of  obligatioune  but 
fraude  or  gile  /  And  thir  my  lettres  til  endure  for  al  the  dais  of  my  life  • 
In  witness  of  the  quhilk  thing  to  thir  myne  lettres  of  manrent  I  haue 
affixt  my  sele  and  subscriuit  the  samyne  with  my  hande  At 
the  xxvj  day  of  Februar  the  yere  of  God  j™  v<=  and  xiiij  yeris  Befor  thir 
witnes  Schyr  Jhone  Baxter  /  Alexander  Mowat  /  and  Schyr  Jhone  Hird- 
man  notar  publict  /  with  otheris  diuerss 

WiLYEAJiE  Lesk  burgess 
of  Aberdene 


XXV. 

LITERA  SERUICIJ  PATRICIJ  CHENE  DE  ESSELMOND.      XXIII   MAY 
MDXVI. 

Be  it  kend  til  al  men  be  thir  present  lettres  me  Patrik   Chene  of  Essil-  Esselmonth 
mount  to  be  bundyn  and  oblist  /  and  be  thir  my  lettres  and  the  fathe  and  ^'^  '?*"'^  °' 

S6ruiC6  • 

treuth  in  my  body  bindis  and  oblissis  me  and  becummys  man  /  til  ane  noble  1516- 
and  potent  lorde  Williame  Erll  of  Eroll  Lorde  Hay  and  Constable  of  Scot- 
lande  /  and  til  his  airis  male  gottin  of  his  body  thai  beand  of  xiiij  yeris 
of  age  /  That  I  sal  be  lelle  trew  and  afauld  to  him  and  to  thame 

Becauss  my  said  gude  lorde  and  mastir  has 
infeft  me  in  his  landis  of  Tawarty  for  all  the  dais  of  my  life  for  my 
seruice  forsaide  /  To  the  obseruing  keping  and  fulfilling  hereof  I  binde  and 
obliss  me  to  my  said  lorde  and  mastir  in  the  sickerast  forme  of  obligatioune 
but  fraude  or  gile  /  And  thir  my  lettres  til  endure  for  all  the  dais  of  my  life  / 
In  witnes  of  the  quhilk  thing  to  thu-  my  lettres  of  manrent  I  haue  affixit  my 
sele  and  subscriuit  the  samyne  with  my  hande  At  Slanis  the  xxiij  day  of 
May  the  yere  of  Gode  j™  v^  and  sextene  yeris 

Patrik  Chene  of  Esilmount  with 
my  hand  etc- 


268  THE    SPALDING   CLUB    MISCELLANY.  [1541. 


XXVL 

OBLIGATIO  COMITIS  DE   ERROL  TO  MANTEYNE  PATRIK  CHEN  AND 
HIS  FRENDIS  IN  AL  MATERIS.     XXIV  MAY  MDXVI. 

Be  it  kend  til  al  men  be  thir  present  lettres  ws  Williame  Erll  of  Eroll 
Lorde  Hay  and  Constable  of  Scotlande  to  be  bundyn  and  oblist  /  and  be  thir 
our  lettres  and  the  fath  and  treuth  in  our  body  stratlie  bindis  and  oblissis 
ws  /  to  our  louit  cusing  Patrik  Chene  of  Essilmount  /  fforsamekill  as  he  is 
becummyne  speciale  man  til  ws  and  our  airis  male  for  al  the  dais  of  his  life 
as  at  more  lyntht  is  contenit  in  his  lettir  of  manrent  maid  til  ws  tharupone  / 
Herfor  we  binde  and  obliss  ws  and  our  airis  as  said  is  That  we  sal  supple 
maneteine  and  defende  the  said  Patrik  in  al  and  syndre  his  richteous  caussis 
and  querellis  movit  and  to  be  movit  And  be  and  do  for  him  in  al  thingis  as 
we  aucht  to  do  for  our  speciale  man  kynisman  and  seruande  /  To  the  ob- ' 
seruyng  keping  and  fulfilling  herof  we  binde  and  oblissis  ws  to  the  said  Patrik 
in  the  sickerast  forme  of  obligatioune  but  fraude  or  gile  /  And  thir  our 
lettres  of  manteinance  til  the  said  Patrik  for  al  the  dais  of  his  life  til 
endure  /  In  witnes  of  the  quhilk  thing  we  haue  aflBxit  herto  oure  sele  and 
subscriuit  thir  oure  lettres  with  oure  awne  hande  At  Slanis  the  xxiiij  day 
of  Maij  the  yere  of  Gode  a  thousand  v<=  and  sextene  yeris  •  And  this  til 
endure  alss  wele  and  obseruit  for  his  kin  frendis  and  seruandis  as  for 
him  selue- 

Wylyam  Erll  of  Eroll 


XXVII. 

LARD  OFF  MONCURIS    BAND  OF  MANRENT  MAID  TO  THE  ERLL  OF 
ERROLL.     XXI  FEBRUARY  MDXLI. 

Be  it  kend  till  all  men  be  thir  present  lettres  vs  Androw  Moneur  of  That 
Ilk  and  Androw  Moneur  sone  and  apperand  aire  to  the  said  Androw  /  with 
the  consent  and  assent  of  the  said  Androw  my  fader  /  To  be  bundyn  and 
oblist  /  and  be  the  tenour  heirof  fFor  all  the  dais  of  our  lywis  and  ilkane  of 


1543.]  THE    ERROLL    PAPERS.  269 

ouris  lelely  and  trewly  byndis  and  oblissis  vs  and  ilkane  of  vs  be  the  t'aithtis 
and  treuthis  in  our  bodeis  and  ilkane  of  ouris  /  To  ane  noble  and  mychty 
lord  William  Erll  of  Erroile  Lord  Hay  and  Constable  of  all  Scotland  to 
him  and  to  his  airis  maile  quhatsumeuir  /  That  forsamekile  as  the  said  lord 
has  grantit  and  giwyne  to  me  the  said  Androw  Moncur  of  That  Ilk  and  to 
my  airis  and  assignais  be  his  chartour  and  iufeftment  maid  and  gewyne  to 
vs  thairapon  All  and  syndry  the  landis  of  Rosse  witht  the  pertinentis  lyand 
within  the  schirefdome  of  Perth  to  be  haldyne  of  the  said  lord  and  his 
aris  blanche  ferme  /  quhilkis  var  haldyne  of  the  sad  lord  and  his  predeces- 
souris  for  seruice  ward  and  releif  /  Thairfor  we  byndis  and  oblissis  vs  and 
ilkane  of  vs  in  maner  forsaid  ffor  all  the  dais  of  oure  lyffis  and  ilkane  of 
ouris  to  the  said  lord  and  his  airis  maile  quhatsumevir  in  manrent  and 
seruice  And  to  tak  the  said  lordis  and  his  aris  maile  forsaidis  trew  and 
anefald  part  with  ouris  and  ilkane  of  ouris  men  and  seruandis  in  all  manar 
of  action  or  querela  .... 

•  .  In  vitnes 

heirof  to  thir  our  lettres  of  band  manrent  and  obligatioun  I  the  said 
Androw  Moncur  of  That  Ilk  and  elikwiss  I  the  said  Androw  sone  and 
apperand  aire  to  the  said  Androw  Moncur  of  That  Ilk  /  with  the  consent 
and  assent  of  the  said  Androw  my  fader  and  in  takyne  thairof  subscriuyt 
with  his  hand  /  has  appensit  to  our  proper  sells  At  Perth  the  tuenty  ane 
day  of  Februar  the  yeir  of  God  j^^  v<=  and  fourty  yeris  Befoir  thir  vitnes 
Dauid  Scrimgeour  of  Fardel  /  Thomas  Spens  of  Kynspinde  /  Master 
Gilbert  Chalmar  /  Nychol  Andersoun  /  Dauid  Moncur  /  and   Schir  Jhone 

notar  publict  /  with  vtheris  diuerss 

Androw  3Ioncur  off 

That  Ilk  with  my  hand 


XXVIII. 

ALEXANDER   CHALMERRIS    BALNACRAIG    BAND    OF    MANRENT. 
XXII  MAY  MDXLIII. 

Jesus  Maria 
Be  it  kend  tile  ale  mene  be  this  present  writ  me  Alexander  Clialmer  of 
Balnacrag  To  be  stratlie  bundin  and  oblist  /  and  be  the  fath  and  treutht  in 


270  THE    SPALDING   CLUB    MISCELLANY.  [1543. 

my  body  lelely  and  trewlie  bindis  and  oblissis  me  /  To  ane  rycht  nobill  ande 
potent  lorde  George  Erie  of  EroU  Lord  Hay  and  Constabill  of  Scotland  / 
for  certane  gratitudis  and  profitis  done  to  me  be  his  lordschyp  as  his  band 
of  manteinance  maid  to  me  thairupoun  purportis  /  To  be  leill  trew  and  awfald 
seruand  to  the  said  Erie  for  all  the  dayis  of  my  lyf  and  sail  serue  his  lord- 
schyp in  peice  and  weyr  na  man  beand  exceppit  safand  our  Souerane  Lady 
and  Lord  quhen  God  prouids  ws  thairof  /  And  sail  quhen  I  ame  requyrit 
ryd  with  his  lordschyp  in  his  awin  besines  on  his  expenss  And  in  tyme  of 
weyr  contrar  our  auld  enymis  of  Ingland  on  my  awin  expenss  /  I  sail  nothir 
heir  nor  se  his  scath  displesour  or  dishonour  bot  I  sail  safar  as  I  may 
stop  the  samyn  and  aduertice  his  lordschyp  thairof  And  I  sail  as  I 
arae  requyrit  gif  him  my  guid  and  trew  consaill  /  his  counsaU  schawin 
to  me  I  sail  nocht  raweill  nor  oppin  /  And  generaly  all  othir  thingis  I  sail 
do  to  my  said  lord  that  be  law  ressoune  or  consuetuid  of  this  ralme  the 
seruand  to  his  lord  and  mastir  pertenis  to  do  /  In  witness  heirof  /  eftir  the 
grit  aitht  be  me  suorne  for  the  keping  of  the  premissis  /  to  this  writ  sub- 
scriuit  with  my  hand  I  haue  affixit  my  seill  At  Slanis  the  xxij  day  of  Maij 
the  yeir  of  God  j"  V^  fourty  and  thre  yeris  befor  thir  witnes  William  Hay 
broder  germane  to  Alexander  Hay  of  Dalgaty  /  Johnne  Rattray  of  Kyn- 
ward  /  Schir  William  Hay  chaiplane  /  And  Mastir  Gilbert  Chalmer  with 
otheris  diuerss 

Alexander  Chamer  of  Balnacrag 
manu  propria 

ViLLiAM  Hay  vittnes 

In  dorso  -  Be  it  kend  tile  ale  mene  be  this  present  writ  ws  George  Erie 
of  Eroll  Lord  Hay  and  Constabill  of  Scotland  To  be  bundin  and  oblist  /  and 
be  the  fatht  and  treutht  in  our  body  lelely  and  trewly  bindis  and  oblissis  ws  / 
To  our  cosing  and  seruand  Alexander  Chalmer  of  Balnacrag  forsamekill  as 
the  said  Alexander  is  becumin  man  and  seruand  to  ws  for  all  the  dayis  of  his. 
lif  /  likas  his  band  and  obligatioune  maid  to  ws  tharupoun  purportis  /  To  man- 
teine  and  defend  the  said  Alexander  his  seruandis  and  freindis  in  all  his  and 
thair  iust  actionis  and  querellis  aganis  all  dedlie  /  And  is  contentit  the  said 
Alexander  at  Witsonday  nixt  eftir  the  dait  of  this  writ  entir  and  laubour 
with  his  awin  propir  gudis  the  half  of  Ordletbin  lyand  within  the  barony  of 
Slanis  and  schirefdom  of  Abirdene  beand  instantlie  in  his  handis  be  ressoun 
of  alienacioun  tharof  /  And  gif  it  hapnis  ws  to  rademe  the  samyn  fra  him  he 


1543.]  THE    ERROLL    PAPERS.  271 

sail  haue  ane  sutScient  lettir  of  tak  and  assedacioun  for  the  spaice  of  fif  yeris 
of  the  said  half  toune  of  Ordlethm  atour  the  takkis  contenit  in  his  reuer- 
sioun  immediatlie  eftir  following  the  samyn  /  And  failyeing  thar  be  na  takkis 
in  the  said  reuersioun  immediatlie  eftir  folloving  the  rademing  tharof  payand 
yeirlie  tharfor  four  pundis  of  money  aucht  boUis  of  meill  and  beir  equaly 
iiij  wedderis  iiij  geis  vj  caponis  and  tua  dusane  of  povtre  allanerlie  /  And 
frathinfurtht  euery  fife  yeir  ane  new  assedacioune  of  the  said  half  toune  of 
the  said  Alexander  for  his  lifetyrae  or  ellis  the  saidis  first  flf  yeris  beand 
runnyn  the  said  Alexander  to  be  fre  and  exonerit  of  his  band  and  obliga- 
cioune  of  manrent  maid  to  ws  /  In  witnes 


THE  LAIRD  OF  PITFOWRIS  BAND.      VHI  NOVEMBER  MDXLHI. 

Be  it  kend  till  all  men  be  thir  present  letres  me  Johne  Cochrane  of 
Pitfour  to  be  bundin  and  obleist  and  be  the  fayth  and  trewth  in  my  body 
bindis  and  obleissis  me  To  ane  noble  and  potent  lord  George  Erie  of 
Errolle  Lord  Hay  and  Constabill  of  Scotland  and  till  his  airis  and  suc- 
cessouris  Erlis  of  ErroU  /  To  becumin  leile  aiwfald  and  trew  seruand  to 
the  said  George  Erie  for  all  the  dayis  of  my  lyftyme  and  his  successouris 
Erlis  of  Erroll  /  our  Souerane  Lady  the  Quenis  Grace  hir  tutour  and 
gouernour  alanerlie  exceptit  /  And  that  for  certane  plesuris  and  profeitis 
done  and  to  be  done  to  me  be  the  said  Erie  And  thairfor  sail  as  I  am 
reqwyrit  be  my  said  lord  serue  him  in  peace  and  weir  with  my  kyn  and 
seruandis  on  his  expenssis  except  in  tyme  of  generale  conuentionis  of  the 
realme  or  ony  part  thairof  or  oistence  and  thane  on  my  awne  expenssis  / 
I  sail  nother  heir  nor  se  his  skath  nor  his  airis  bot  sail  in  safar  as  I  may 
stoip  the  samyn  And  aduerteice  him  thairof  Thair  counsal  schawin  to  me 
I  sal  nocht  reueile  the  samyn  /  Nochtwithstanding  of  exceptiounis  maid 
ofbefoir  yit  I  except  the  persoun  of  the  Erie  of  Craufurd  my  superior  / 
And  for  cbseruyng  and  keping  of  all  their  premissis  I  haif  subscriuit  and 
selit  this  my  band  At  Erroll  the  viij  day  of  Nouember  the  yeir  of  God  j»^ 
v<=   and  fourty  thre  yeris  Befor    thir   witnes  Maistir  Cuthberd    Welclie  / 


272  THE    SPALDING   CLUB    MISCELLANY.  [1544. 

Johne  Hay  of   Many  /   Williame  Setoun  /  and  Maistir  Alexander   Hay 
notar  publict  with  vtheris  diuerss 

Jhon  Cochr.\n 
of  Pitfour 


XXX. 

THE  LARD  OF  FYFY  BAND  OF  MANRENT  TO  MY  LORD  OF  EROLL. 
XVI  DECEMBER  MDXLIV. 

Be  it  kend  till  all  men  be  thir  present  lettres  me  George  Meldrum  of 
Fivy  knycht  To  be  bundin  and  oblist  /  and  be  the  tennour  of  thir  presentis 
be  the  faitht  and  treutht  in  my  bodie  lelelie  and  treulie  bindis  and  oblissis 
me  frelie  of  my  avin  motife  will  /  To  ane  noble  mychti  lord  George  Erie  of 
Erroll  Lord  Hay  and  Constable  of  Scotland  That  I  salbe  leill  and  trew  man 
and  seruand  to  him  fra  this  day  furwart  during  all  the  dayis  of  my  lyftyme 

In  witnes  of 
the  quhilk  thing  to  this  present  band  of  manrent  subscriuit  with  my  hand 
my  seill  is  affixit  At  Slanys  the  xvj  day  of  December  the  yeir  of  God 
jm  yc  xliiij  yeris  Befor  thir  witnes  Patrik  Mowat  of  Boquhelle  /  William 
Hay  of  Auchery  /  Johne  Hay  in  Many  /  Dauid  Rettray  /  Maister  Alex- 
ander Hay  /  Gilbert  Hay  /  and  Master  Nicholl  Robisoun  notar  publict  / 
with  vtheris  diuerss 

Georg  Meldrum  of  Fywe  knycht 
with  my  hand 


XXXI. 

THE  LAIRD  OF  BOCHALYIS  BAND.     XVI  DECEMBER  MDXLIV. 

Be  it  kend  till  all  men  be  thir  present  lettres  me  Patrik  Mowat  of  Bo- 
quhoUe  To  be  bundin  and  oblist  /  and  be  the  tennour  of  thir  presentis  be  the 
faitht  and  treutht  in  my  bodie  lelelie  and  treuly  bindis  and  oblissis  me  /  To 
ane  noble  and  mychti  lord  George  Erie  of  Errole  Lord  Hay  and  Con- 
stable of  Scotland  That  I  sail  be  leill  and  trew  man  and  seruand  to  the 


1545.]  THE    ERROLL    PAPERS.  273 

said  erle  fra  this  day  furwart  for  all  the  tyme  and  space  of  ellevin  yeiris  nixt 
and  immediatlie  following  the  day  of  the  dait  of  thir  presentis 

In  witness  of  the 
quhilk  thing  to  this  my  present  band  of  manrent  subscriuit  with  my  hand 
my  propir  seill  is  affixit  At  Slanys  the  xvj  day  of  December  the  yeir  of 
God  ane  thousand  five  hundretht  fourty  and  foure  yeiris  Befoir  thir  wit- 
ness Schir  George  Meldrum  of  Fivy  knycht  /  WUliara  Hay  of  Achery  / 
Johne  Hay  in  Many  /  Dauid  Rettray  /  Maistir  Alexander  Hay  /  Gilbert 
Hay  /  and  Maister  Nichole  Robisoun  noter  publict  /  with  vtheris  diuerss 

Patrik  Mowat  of 
Bocholle 


XXXII. 

ALEXANDER  BUCHANE  OF  AUCHMACOYIS  BAND.     I  FEBRUARY 
MDXLV. 

Be  it  kend  tile  ale  men  be  this  present  writ  me  Alexander  Buchane  of 
Auchmacoy  To  be  bundin  and  oblist  /  and  be  the  fath  and  treuth  in  my 
body  lelely  and  trewly  bindis  and  oblissis  me  /  To  ane  nobil  and  potent  lord 
George  Erie  of  Eroll  Lord  Hay  and  Constabill  of  Scotland  for  gratitudis 
plesuris  profitis  and  manteinance  done  and  to  be  done  to  me  as  his  lord- 
schipis  band  maid  to  me  heirapoun  proportis  .... 

In  witnes  heirof  I  haue  subscriuit  this  writ 
with  my  hand  at  Slanis  the  first  day  of  Februar  the  yeir  of  God  j"  v<=  fourti 
and  four  yeris  Befor  thir  witnes  Mastir  Nicholl  Robisoun  notar  publict  / 
William  Hay  in  Auchintender  /  Mastir  Gilbert  Chalmer  /  with  vtheris 
diuerss 

Alex"  Buchane  of  Auchmacoy 
with  my  hand 


274  THE    SPALDING    CLT'B    MISCELLANY.  [1546. 


CONTRACT  BETWEEN  GEORGE  EARL  OF  HUNTLY  AND  GEORGE 
EARL  OF  ERROLL.     Ill  JUNE  MDXLVL 

i\ne  band  At   Perth    the  third  day   of  Junij  in    the   yeir    of  God   ane   thousand 

maid  betui.v  v<=  and  fourty  sex  yeris  It  is  appontit  and  finally  concordit  betwyx  nobill 
Georol  EtW  ^"^^  mychtie  lordis  George  Erll  of  Huntlie  one  that  ane  pairt  /  and  George 
of  Erroll  and  Erll  of  ErroU  one  that  vthir  pairt  /  in  maner  forme  and  effect  as  eftir  fol- 
mereT°-e  of  lowis  That  is  to  saye  Athir  of  the  saidis  pairteis  sail  in  all  tyme  to  cum 
John  Gordoim  durino-  thair  lyftymis  tak  playne  trew  and  aufauld  pairt  with  vtheris  in  all 
^Ha  etT"  '^^'^  syndre  thair  actionis  querrellis  and  contrauersiis  lefuU  and  honest  /  And 
ather  of  thame  sail  fortifie  vthir  thair  kynn  freindis  seruandis  and  pairt 
takarris  at  thair  vter  powar  in  all  thair  lefull  honest  busines  and  errandis 
during  thair  lyftymis  aganis  thair  parteis  quhatsumever  /  The  Qwenis  Grace 
hii-  authorite  moder  and  govirnour  allanerly  beand  accepit  /  And  newir  sail 
heir  knaw  or  wit  ony  ewill  or  hurt  diuisit  for  ather  of  thair  personis  here- 
tagis  landis  rentis  possessionis  bot  the  samyne  sail  raueile  and  debait  at 
the  vtermaist  of  thair  powairis  •  And  for  mantening  of  firme  amitie  and 
kyndness  betwyx  the  houssiss  of  Huntlie  and  Erroll  in  tyme  cumyng  Johne 
Gordoune  /  als  callit  Ogilvye  /  third  lauchfull  sonn  to  the  said  George  Erll 
of  Huntlie  and  fear  of  the  landis  of  Findlaiter  /  sal  mary  and  tak  to  wif 
solempnitlie  in  face  of  holie  kyrk  Margaret  Hay  secund  dochter  to  the  said 
George  Erll  of  Erroll  lauchtfully  gottyne  And  sail  be  infeft  heretabellye  in 
coniunct  fee  in  all  and  haill  the  landis  and  barrouny  of  Auchyndowyne  with 
the  pertinence  castell  and  maner  place  of  the  samyne  lyand  within  the 
schirefdome  of  Abirdene  /  To  be  haldyne  of  our  Souerane  Lady  the 
Qweyne  /  And  therfor  the  said  Georg  Erll  of  Erroll  sail  content  and  pay 
sik  sowmis  of  monye  in  nayme  of  toichyr  as  sail  be  thocht  expedient  be  thir 
personis  vndirwrytyne  That  is  to  say  Johne  Erll  of  Suthirland  •  Wilyam 
postulat  of  Abirdene  •  Alexander  Ogilvy  of  Findlaiter  .  George  Gordoune 
of  Schewess  •  James  Gordoune  of  Maidlik  •  and  Robert  Carnigie  of  Kyn- 
nard  •  or  ony  twa  of  them  .  for  the  pairt  of  the  said  Erll  of  Huntlie  /  Wilyam 
Erll  of  Merschell  •  George  Meldrvme  of  Five  •  Maister  George  Hay  persone 
of  Rocthuen  •  Alexander  Hay  of  Delgatie  .  William  Kynnard  of  That  Ilk  . 
Petyr  Hay  of  Megnetcht  •  or  ony  twa  of  thame'  /  And  failyeing  twa  of  thir 


1554.]  THE    EREOIX    PAPERS.  275 

fornemmit  personis  cane  nocht  guidly  be  convenit  it  sail  be  lessum  to  the 
said  Erll  of  Erroll  to  fetcht  with  hyme  ony  vthir  twa  [freindis]  as  he  thinkis 
expedient  for  his  pairt  quhilk  sail  be  admittit  as  tha  wer  presentlie  nemmit  / 
Quha  sail  convyne  and  determin  one  the  forsaidis  poyntis  and  all  vther  de- 
baittis  contrauersiis  actionis  and  caussiss  bygayne  and  sail  happyne  to  cum 
movit  or  to  be  movit  be  athir  of  the  saidis  pairteis  thair  freindis  kynnis 
men  and  pairt  takarris  /  At  Fordiss  the  xix  and  xx  days  of  the  moneth  of 
Junij  in  the  yeir  of  God  forsaid  /  to  accept  and  begyne  one  the  forsaidis 
causis  and  debaittis  and  ony  twa  personis  in  maner  as  said  is  to  pronunce 
thair  deliuerans  betuyx  the  forsaid  day  and  thre  days  thaireftir  nixt  to  cum 
to  the  quhilkis  the  forsaidis  parteis  ar  bundane  and  oblist  to  vnderly  and 
foulfill  /  And  forder  thair  sail  be  ane  contract  of  mariage  maid  in  the  maist 
swir  and  ampill  forme  to  the  effect  forsaid  betwyx  the  saidis  pairteis  be  the 
sycht  and  ordinance  of  the  personis  forsaidis  or  ony  twa  of  thame  for  ilk 
partie  /  in  forme  forsaid  /  And  gif  this  said  contract  may  preiuge  or  hurt  ony 
of  the  saidis  pairteis  or  be  nocht  formell  or  substancius  in  it  self  be  the 
consideratioune  and  sycht  of  men  of  law  /  the  samyne  sail  be  ay  sa  oft  be 
thair  awise  reformit  quhill  it  be  maid  formell  in  it  self  •  And  for  the  faithfull 
obseruing  of  the  premissis  in  euerilk  poynt  therof  ather  of  the  saidis  pair- 
teis are  bundane  and  oblist  and  sworne  to  otheris  be  thair  gryt  athis  the 
Holye  Ewangelistis  twychit  •  In  witness  of  the  quhilk  baith  the  saidis 
pairteis  hes  subscrivit  thir  presentis  with  thair  handis  togydder  with  their 
sells  heirto  affexit  day  yeir  place  forsaidis  Befoir  thir  vitnes  Johne  Druni- 
mond  of  Innerpeffre  ■  Thomas  Menzeis  of  Petquhedleis  •  William  Kynnard 
of  That  nk  •  Peter  Hay  of  Mignutis  •  James  Gordoune  of  Maidlik  •  and 
Robert  Carnegie  of  Kynnard  •  with  vtheris  diuerss 

George  Erlle  off  Huntly 


THE  LARD  OF  MANEIS  BAND  OF  MANRENT  MAID  TO  GEORGE 
ERLL  OF  ERROLL.     XVIII  JULY  MDLIV. 

Be  it  kend  till  all  men  be  thir  present  lettres  ws  Johnne  Wauss  of  Many 
and  Alexander  Waus  my  sone  and  appeirane  air  /  and  the  langast  lewar  of 


276  THE    SPALDING    CLUB    MISCELLANY.  [1570. 

ws  tua  /  To  haf  gewin  and  be  thir  presentis  giffis  our  band  of  manrent  faith- 
full  kyndnes  and  seruitud  To  ane  nobill  and  potent  lord  George  Erll  of 
Erroll  Lord  Hay  Constabill  of  Scotland  etc  •  and  Andrew  Maister  of 
Erroll  his  eldest  sone  and  appeirane  air  •  To  serf  the  said  Lord  and  Maister 
at  all  tyines  as  thai  sell  happin  to  haf  ado  and  beis  requirit  be  thame  or 
ony  of  thame  heirto  lely  and  trewlie  in  all  thair  caussis  and  querrellis  bisse- 
nes  and  adois  contrar  all  persone  and  personis  (except  the  Quenis  grace 
and  authorite  of  Scotland)  And  neuer  to  be  sene  nor  cum  in  thair  contrar 
in  na  tyme  to  cum  •  And  that  for  diuerss  gratitudis  and  guid  deidis  done 
to  ws  and  ilkane  of  ws  be  the  said  George  Erll  of  Erroll  and  Androw 
Maister  of  Erroll  his  sone  in  tymes  bygane  And  for  thair  band  of  man- 
teinance  gewin  be  thame  to  ws  at  the  making  of  thir  presentis  to  defend 
and  manteine  ws  in  all  tymes  to  cum  /  And  this  band  of  manrent  and  ser- 
uitud to  remane  and  induir  perpetuaHe  for  all  the  dayss  and  terraes  of  the 
lyftymes  of  ws  the  saidis  Johnne  and  Alexander  and  the  langast  lewar  of 
ws  tua  lelie  and  trewly  be  the  faythtis  and  trewthtis  of  our  bodyis  be  this 
our  band  of  manrent  subscriuit  with  our  handis  To  the  quhilkis  we  haf 
affixit  our  propir  sealis  At  Slanis  the  xviij  day  of  Julij  the  yer  of  God 
j"  fywe  hundreith  fyfty  and  four  yeris  Befoir  thir  witnes  Johane  Hay  of 
Mochcallis  /  Alexander  Innes  of  Ardgraine  /  Johane  Morray  /  Maister 
Androw  Mowet  /  with  vtheris  dyuerss  etc- 

Jhon  Waus  off  Many 
Allexander  Waws 


XXXV. 

ANE  INDENTOUR  QUHAIR  ANDRO  TULLEDAFF  YOUNG  LARD  OF 
RANESTOUN  IS  BETUIX  MAN  AND  SERUAND  TO  ANE  NOBLE 
LORD  ANDRO  MASTER  OF  ERROLL  AND  CONSTABLE  OF  SCOT- 
LAND.    XIV  NOVEMBER  MDLXX. 

At  Slanis  the  fourten  day  off  Nouember  the  yeir  of  God  j"  v"=  threscoir 
and  ten  yeris  It  is  appoyntit  and  finallie  agreit  vpoun  betuix  ane  noble  lord 
Andro  Maister  of  Erroll  and  Constable  of  Scotland  on  the  ane  pairt  /  and 
Androw  Tulydaff  sone  and  apperand  air  to  Alexander  Tulydaff  of  Raneis- 
toun  on  the  vthir  pairt  /  in  maner  as  folowis  /  That  is  to  say  the  said  Andre 


1,570.]  THE   ERROLL    PAPERS.  277 

Tulydaft'  is  off  his  awin  fre  motyve  will  oncoactit   be  the  aduyss  of  his 
speciall  and  derest  fader  and  freyndis  becummis  houssald  man  and  servand  / 
and  alss  with  hym  ane  vthir  sufficient  rydand  man  /  for  all  the  dayis  of  his 
lyftym  to  the  said  noble  lord  And  salbe  reddie  apoun  hors  and  fute  to  serve 
the  said  lord  apoun  his  lordschippis  expenssis  And  salbe  sufficientlie  bodin 
tharto  in  armour  wapinnis  and  honest  abulyementis  according  to  his  estait  / 
And  salbe  leill  and  trew  in  word  and  deid  as  becummis  ane  faythful  servand 
to  be  till  his  lord  and  maister  /  and  sail  nevir  heir  nor  se  of  the  said  lord  in 
presens  or  vtherwyss  in  his  absence  bot  he  sail  defend  and  reveil  as  ane  trew 
servand  suld  do  in  sic  caussis  And  siclyk  sail  nocht  oppoun  the  secreittis  off 
the  said  lordis  counsell  nor  na  wyss  concerning  his  lordschip  that  may  be 
hourtfull  skaythfull  or  be  dishonour  to  his  lordschip  during  his   said  lyf- 
tym /  vnder  the  pane  of  periurie  infame  credeit  and  tinsell  of  perpetuall 
honouris  and  estimatioun  •  Ffor  the  quhilk  the  said  noble  lord  sail  thankfullie 
content  and  pay  ilk  yeir  to  the  said  Andro  Tulydaff  during  the  lyftym  of 
the  said  lord  sextan  bollis  gud  and  sufficient  aite  meill  /  to  be  yeirlie  vpliftit 
and  payit  out  of  his  lordschipis  landis  of  Nedder  Ardlethin   And  failyeino- 
tharof  out  of  ony  vtheris  landis  within  the  barony  of  Slanis  /  And  the  sam 
to  be  careit  to  the  said  Andro   Tulydaffis  hous  off  Mostoun  or  Raneistoun 
betuix  Yule  and  Candilmes  •  And  in  caiss  the  said  sexten  bollis  meill  be 
nocht  payit  yeirly  to  the  said  Andro  Tulydaff  /  he  to  be  fre  of  his  seruitud 
and  promess  forsaidis  •  Attour  gif  it  happinis  the  said  Andro  Tulydaff  that 
his  sufficient  hors  dels  or  beis  slane  being  in  the  said  lordis  company  and 
seruice  the  said  lord  sal  gif  to  hym  ane  hors  agane  alss  sufficient  as  the 
vthir  hors  •  And  for    observing  keiping  and  faythfull  fulfilling  of  the  pre- 
missis  athir  of  the  saidis  parteis  bindis  and  obleissis  tham  hinc  hide  to  abyd 
ferme  and  stable  thairat  proniittando  die  rata  /  Prouydeit  alwyss  that  the 
said  Andro  Tulydaff  with  his  servandis  serve  the  said  lord  continewallie 
acontrar  quhatsumevir  persoun  or  persounis  the  Kingis  Maiesteis  aucthoritie 
onlie  except  •  In  witnes  heiroff  bayth  the  saidis  parteis  hes  subscryuit  this 
present  obligatioun  in  maner  of  indentour  with  thair  handis  day  yeir  and 
place  aboue  writtin  Befoir  thir  witnessis  George  Haye  of  Newraw  /  Neill 
Neilson  /  and  Johne  Storie  etc  ■ 

Andro  Maister  of  EroU 
Androw  Tulidaf  apperand 
of  Ranistoun  with  my  hand 


278  THE    SPALDING    CLUB    MISCELLANY.  [1589. 


MR.  RICHART  LAWSOUNIS  BAND  OF  MANRENT  TO  THE  ERLL  OF 
ERROLL.     XV  AUGUST  MDLXXX. 

Be  it  kend  tyll  all  men  be  thir  present  lettres  me  Master  Rychart  Lau- 
soun  to  be  bumlin  and  oblist  and  be  the  faith  and  trewtht  in  my  body  bindis 
and  oblissis  me  to  ane  nobill  and  michti  lord  Wilyam  Erll  of  EroU  Lord 
Hay  and  Constabill  of  Scotland  /  and  to  Wilyam  Master  of  Eroll  his  soun 
and  aire  apperand  /  that  [I]  sail  for  all  the  dais  of  my  lif  gyf  tham  my  best 
and  trewast  consall  I  can  without  disimulatioun  in  all  caussis  querellis  and 
actionis  mowit  or  to  be  mowit  be  thaim  or  at  concernis  to  thaim  or  againnis 
thaim  and  sail  forthir  thaim  to  haf  justiss  thairin  in  the  best  and  mast 

faworabill  uiss profit  and  honour  at  all  tymis  to  the  quhilk  I 

oblissis  me  faithfully  but  fi-aud  or  gyll  /  In  witness  heirof  I  haf  subscrywit 
this  writ  with  my  hand  At  Edinburgh  the  fyften  day  of  August  the  yeir  of 
God  j™  fyf  hundreth  and  auchti  yeris 

RiCARDUS  Lausoun 
manu  propria 


XXXVII. 

HUNTLIS  AND  ERROLLIS  BAND  OF  FREINDSCHIP.    XVII  SEPTEMBER 
MDLXXXIX. 

We  George  Erll  of  Huntlie  and  Franceis  Erll  of  Erroll  Seing  and  con- 
siddering  the  mutabileteis  changeis  and  contraverseis  daylie  falling  furth 
amongis  the  haill  estaitis  of  this  power  realme  /  alssweill  nobillmen  as 
vtheris  /  to  the  gryt  inquyetatioun  of  his  Maiesties  gwid  estait  and  greife  of 
all  his  gwid  subjectis  /  and  thairby  persaweing  our  awin  perrell  and  danger 
in  particular  /  And  quhow  meit  and  necessar  it  is  to  ws  twa  to  knet  vp  ane 
sower  freindschip  to  continow  betwix  ws  as  twa  brether  born  of  ane  mother  / 
in  all  tym  cuming  dwring  our  lyftymis  /  We  thairfor  to  be  bwnd  and  oblesit 
be  thir  presentis  fathfullie  ilkane  of  ws  to  vther  /  the  gryt  oith  sworne  and 
the  Haly  Evangell  twichit  /  that  we  sail  keip  and  observe  our  sower  and 


1589.]  THE   ERKOLL    PAPERS.  279 

infallibill  afFectioun  gwidwlll  and  freindschyp  to  vtheris  in  sick  sort  that  ony 
of  our  actioimis  and  caussis  quhatsumever  criminall  or  civeill  salbe  alyk 
commwnd  to  ws  boith  /  to  assist  fortifie  and  defend  in  the  law  and  by  the  law 
aganis  all  vtheris  persone  or  personis  the  Kingis  Maiestie  his  awin  per- 
soune  onlie  exceptit  /  And  ather  of  ws  haweing  quarrell  questioun  or  debait 
with  ony  vther  partie  or  parteis  within  this  realme  the  samyn  to  be  man- 
tenit  and  furth  set  be  ws  boith  with  our  awin  presence  our  freindis  and 
living  but  exceptioun  /  And  no  difference  nor  dedlie  feid  present  nor  to 
cwm  to  be  reconsilit  vptakin  nor  pacifeit  be  ane  of  ws  but  the  speciall  con- 
sent and  advyse  of  the  vther  had  and  obtenit  thairto  /  And  that  new 
freindschyp  nor  araitie  salbe  contractit  nor  promesit  be  ather  of  ws  to  ony 
vther  persoune  nor  persounis  but  the  speciall  consent  of  ws  boith  mutwallie  / 
And  in  cace  we  think  neidfull  to  resawe  ony  vther  nobillman  or  vtheris  in 
this  band  of  freindschip  /  the  samyn  to  be  doin  be  ws  boith  and  nocht  be  ane 
of  ws  /  And  generallie  that  no  thing  salbe  doin  be  ather  of  ws  in  prejudice 
nor  brek  of  this  particular  band  vnder  the  pane  of  perjurie  dishonour  /  and 
defamatioun  for  ever  /  And  for  eschewing  of  ony  debait  or  occasioun 
amangis  our  freindis  in  cace  ony  actioun  sail  aryse  we  ar  content  and 
oblessis  ws  that  all  contraverseis  amangis  ather  of  our  freindis  salbe  sim- 
pliciter  suspendit  fra  the  law  criminall  or  civill  and  the  samyn  remittit 
mutwallie  and  freindlie  to  sax  fyve  four  thre  or  twa  freindis  leist  suspect 
and  equallie  chosin  for  boith  parteis  and  the  debait  to  be  decernit  be  thame 
allanerlie  /  And  this  and  haill  contentis  forsaid  we  promeis  bindis  and 
oblissis  ws  to  do  for  ever  during  our  lyftym  as  said  is  /  In  faith  and  witnes 
heirof  we  hawe  subscryvit  this  present  band  with  our  handis  and  hes  de- 
lyuerit  the  just  dwbill  heirof  ilk  ane  to  vther  to  remain  as  ane  sever  testi- 
monie  of  our  faythfuU  promeis  and  continwance  of  our  affectioune  At 
Aberdein  the  xvij  day  of  September  1589  yeiris  /  Befoir  thir  witnes  Johne 
Leslye  of  Boquhoyn  Johne  Gordoun  of  Bukkie  /  and  Captane  Thomas 
Ker  / 

George  Erlle  of  Huntlye  ■ 
Francis  Erll  off  Erroll  etc 

Jhone  Leslie  of  Ballquhane  witness 

Jhone  Gordoune  vitnes 

C  Thomas  Ker  witness 


2n 


280  THE    SPALDING   CLUB    MISCELLANY.  [1601. 


XXXVIII. 

BAND  OF  SERUICE  ANDROW  BERING  TO   THE  ERLE  OF  ERROLL 
AND  HIS  AIRIS.     V  FEBRUARY  MDCI- 

Be  it  kend  till  all  men  be  thir  present  lettres  me  Andro  Hering 
of  Little  Blair  /  Fforsamekle  as  I  haiffing  speciale  regaird  and  considera- 
tion of  the  fre  remitt  and  lettre  of  slanes  past  and  grantit  to  me  be 
ane  noble  and  mychtie  lord  Francis  Erle  of  Erroll  Lord  Hay  etc  • 
and  Great  Constabule  of  Scoitland  /  as  cheiif  and  principall  of  the  surname 
of  Hay  /  of  the  slauchter  of  vmquhile  James  Hay  son  to  wmquhile  Williame 
Hay  of  Gourdie  committit  be  me  And  thairby  finding  mysehf  for  euir  oblist 
to  the  said  noble  lord  his  clemencie  /  Thairfoir  of  ray  awne  accorde 
and  fre  motiue  will  oncoactit  Till  haue  becumin  /  and  be  the  tenour  heirof 
in  all  efauldnes  and  simplicitie  of  hert  becumis  /  seruand  to  the  said  noble 
lord  his  airis  and  successouris  during  all  the  dayis  of  my  lyftyme  eftir  the 
day  and  dait  of  thir  presentis  And  faithfullie  promittis  and  awowis  fra  this 
furth  to  honour  reuerence  serue  and  obey  the  said  noble  lord  his  airis 
and  successouris  /  quhome  I  acknawlege  as  my  onelie  lord  and  maister  and 
sail  gif  my  onelie  dependance  vpone  thame  /  And  tak  efauld  trew  and  plane 
pairt  with  thame  in  all  thair  actionis  querellis  and  efiairis  quhatsumeuir 
with  my  haill  power  in  tyme  cuming  aganis  quhatsumeuir  personis  (oure 
Souerane  Lord  and  his  auctoritie  onelie  exceptit)  And  sail  neuir  heir  nor  sie 
thair  interess  damnage  or  skayth  hot  sail  ganestand  the  samen  to  the 
vttermest  of  my  powar  and  foirwarne  thame  deulie  thairof  /  And  sail  concele 
all  thair  secreittis  and  counsallis  and  neuir  revele  or  mak  the  samen  mani- 
fest in  ony  sort  And  sail  behaifF  myselff  sua  to  the  said  noble  lord  and  his 
foirsaidis  induring  all  the  dayis  of  my  lyftyme  in  all  vprychtnes  and  simpli- 
citie of  hert  /  as  becumis  the  maist  faythfull  and  obedient  seruand  to  do 
towardis  his  maister  ;  but  ony  contradictioun  ganecalling  or  reuocatioun 
quhatsumeuir  vnder  the  pane  of  periurie  infamie  and  tinsell  of  perpetuale 
honour  fayth  and  credite  for  euir  /  In  witnes  heirof  thir  presentis  beand 
writin  be  Williame  Robertsone  notar  publict  in  Perthe  I  haue  subscriuit  the 
samen  with  my  awne  hand  At  Perthe  the  fyft  day  of  Februar  the  yeir  of 
God  j"  sex  hundrethe  and  ane  yeir  Befoir  thir  witness  Dauid  Hering 
fear   of    Glasclone    /    James    Ogilvy    apperand  of    Cloway    Sir   James 


1603.]  THE    ERROLL    PAPERS.  281 

Stewart  of    Ballequhan    Hary  Drumonde  tutour  of    Blare  and  the  said 
William  Robertsone  notar  • 

Andro  Heryng  of  Litilblar 

Dauid  Bering  tier  of  Glasclune  witnes 

James  Ogilvy  tier  of  Clouay  vitnes 

James  Steuart  off  Ballequhain  uitnes 

Harie  Druramvnd  witnes 

William  Robertsone  notar  witnes  etc- 


XXXIX. 

BAND    OF    SERVICE    LAIRD    OF     CRAIGHALL    TO    MY    LORD     ERLE 
OF  ERROLL.     XV  NOVEMBER    MDCIIL 

Be  it  kend  till  all  men  quhome  it  effeiris  me  Siluester  Rettray  of 
Craighall  acknawledgeing  the  great  benefite  and  favour  schawin  and  extendit 
towardis  me  be  the  richt  noble  and  potent  Earle  Francis  Erie  of  ErroU  Lord 
Hay  and  Great  Constable  of  Scotland  etc  •  in  yeilding  and  granting  to  the 
passing  of  ane  lettre  of  slaynes  maid  to  me  be  Androw  Hay  of  Gowrdie  and 
remanent  his  bredrene  thairin  mentionat  for  the  slawchter  of  vmquhile  Wil- 
liam Hay  thair  brother  his  lordschipis  kynisman  /  Off  quhais  slawchter  I  can 
nocht  deny  myself  to  be  giltiles  /  And  for  assythment  satisfactioun  and  recom- 
pence  theirof  and  benefite  resavit  be  the  said  lettre  of  slaynes  /  me  to  be  bund 
and  obleist  /  lyk  as  I  be  the  tenour  heirof  for  myself  my  airis  and  successouris 
lairdis  of  Craighall  bindis  and  obleissis  me  and  thame  successive  /  To  be  trew 
and  eafauld  servitouris  to  the  said  noble  lord  his  airis  successouris  and  pos- 
teritie  Erles  of  Erroll  And  be  thir  presentis  for  me  and  my  foirsaidis  grantis 
and  gifBs  our  speciall  dependance  and  observance  to  the  said  noble  lord 
and  his  forisaidis  and  to  his  lordschip  and  his  successouris  howss  of  Errol 
perpetuallie  neirest  to  his  Maiestie  /  withe  our  band  of  manrent  sa  far  as  our 
power  abUitie  or  moyen  may  extend  againes  quhomesoever  (his  Hienes  and 
his  sucessouris  being  only  exceptit)  As  lykwayes  bindis  and  obleissis  me 
for  myself  and  for  my  foirsaidis  in  manner  abouewrettin  to  the  said  noble  Erie 
and  his  foirsaidis  to  gif  our  trew  and  eafauld  advyse  counsell  and  concurrence 
to  his  lordschip  and  his  successouris  honorable  adois  quhensoever  it  sail 
happLn  me  or  my  foirsaidis  to  be  imployit  or  requerit  theirto  /  And  never  to 
conceill  ony  thing  sa  far  as  may  cwm   to  our  knawledge  tending  to  his 


282  THE    SPALDING    CLUB    MISCELLANY.  [1604. 

lordschips  his  successouris  or  thair  howssis  prejudice  hot  to  reveile  and 
prevent  the  samyn  sa  far  as  we  may  or  can  vpon  our  falthe  and  conscience  / 
Quhilkis  premissis  I  bind  and  obleiss  me  for  my  self  and  my  foirsaidis  as  said 
is  to  doe  observe  keip  and  fulfill  leillilie  trewlie  and  dewtifullie  in  all  poyntis 
vnder  the  paynes  of  periurie  infamie  defamatioun  tinsell  of  honour  and  credit 
perpetuall  As  lykwayes  to  renew  reforme  and  reiterat  this  present  band 
of  manrent  to  the  said  noble  lord  and  his  foirsaidis  sa  oft  as  I  or  my  foir- 
saidis salbe  requerit  theirto  ay  and  quhiU  it  be  sufficient  to  the  effect  aboue- 
writtin  keipand  the  substantialities  of  the  premissis  /  I^f  witness  quherof  I 
half  subscryvit  this  present  withe  my  hand  in  manner  vnderwrittin  quhilk  is 
wrettin  be  Robert  Hay  notar  publict  servitour  to  the  said  noble  lord  At 
Cowper  of  Angus  the  fyftene  day  of  November  the  yeir  of  God  j"  sex 
hundreth  and  thrieyeiris  Befoir  thir  witnessis  Patrik  Ogilvy  of  Inschmertene 
Dauid  Hearing  fear  of  Glasclune  James  Halyburtoun  of  Pitcurre  Patrik 
Kynnaird  of  That  Ilk  The  said  Robert  Hay  writtar  heirof  withe  vtheris  dy- 
vers  /  Sir  Johnne  Ogilvie  of  Innerquharitie  knicht  James  Ogilvie  of  Balfour 
Johnne  Wischart  of  That  Ilk  Sir  Johnne  Ogilvie  of  Craigy  knicht  etc  • 

S  Rattray  of  Craighall- 

James  Halyburtoune  of  Pitcur  witness 

Sr.  Ilione  Ogilwy  of  Innerquharitie  witnes- 

James  Ogilwy  of  Ballfour  witness- 

J  Wishart  of  That  Hk  witnes 

Dauid  Hering  fier  of  Glasclun  • 

Sr  Jhone  Ogilvy  of  Craigy  vitnes 

Patrik  Kynnard  of  That  Ilk  witness 

R  Hay  /  writtar  witnes  • 


XL. 

OFFERS  FOR  THE  PAIRT  OF  PATRIK  CAMPBELL  OF  KETHICK  TO 
THE  NOBLE  AND  MICHTIE  LORD  FRANCIS  ERLE  OF  ERROLL 
ETC.  AND  TO  ANDROW  HAY  OF  GOWRDIE  FOR  HIMSELF 
HIS  BRETHER  KIN   AND   FREINDIS.      XIII  JULY  MDCIV. 

I  the  said  Patrik  Campbell  being  accusit  for  being  in  cumpany  withe 
Silvester  Rettray  of  Craighall  Mastir  James   Rettray  his  father  brother 


1612.]  THE    ERROLL    PAPERS.  283 

and  certan  vtheris  quhen  vraquhile  William  Hay  brother  to  the  said  Androw 
was  slaine  in  Perthe  /  declaires  vpon  my  sawle  and  conscience  That  nather 
came  I  thair  of  resolute  purpoiss  nor  did  skaithe  to  the  said  vmquhile  Wil- 
liam /  saif  that  I  was  in  the  foirsaid  cumpany  /  quhairthrow  being  onable  to 
abyd  the  straitnes  of  the  law  /  I  am  content  and  be  thir  presentis  submittis 
me  in  the  said  noble  Erles  will  for  his  lordschips  satisfactioun  in  honour 
in  quhatsumever  his  lordschip  will  inioyne  me  As  also  in  his  lordschips 
will  of  geir  to  the  pairtie  as  his  lordschip  sail  pleis  to  determinat  and 
decrie  Quhilk  decrie  to  be  pronuncit  be  his  lordschip  in  the  premissis  I 
be  thir  presentis  bindis  and  obleissis  me  to  obtemper  and  obey  in  all 
humilitie  Be  thir  presentis  subscryuit  vith  my  hand  At  Perth  the  thrattein 
day  of  Julij  the  yeir  of  God  j""  vj<=  and  four  yeris 

P  Campbell  of  Kathik 


XL  I. 
BAND  CLAN  DONACHIE  TO  THAIR  CHEIFF.     XIX  MAY  MDCXII. 

Be  it  kend  to  all  men  be  thir  presentes  ws  Alexander  Robertsone  of 
Faskellie  /  Johne  Reid  alias  Robertsone  of  Strathloch  /  Alaster  Farlastone 
of  Inchemacrannich  /  Johne  Farlastone  younger  appeiraud  of  Monnese  / 
Duncane  Robertsone  of  Dulcaper  /  Alaster  Robertsone  in  Auchinrew  / 
Charlis  Robertsone  in  Calwin  /  James  Robertsone  in  Killisgewre 

Forsamekle  as  we  wnderstand  the  Iwifing  fauor  and  rcgaird  careit  be  ane 
noble  and  potent  Lord  Francisse  Erll  of  Erroll  Lord  Hay  Heich  Consta- 
bill  of  Scotland  to  Robert  Robertsone  of  Strowan  our  CheiiF  and  his 
houss  /  quhairof  we  ar  discendit  /  And  being  maist  willing  for  our  partis 
to  defend  our  Cheiff  to  our  power  in  his  lawfull  and  honest  adoes  and 
mantein  his  estait  sa  far  as  our  abilities  may  reatche  /  Thairfoir  to  be  bound 
and  straitlie  oblisit  and  be  the  tenour  herof  bindis  and  faythfullie  obleisis 
ws  coniunctlie  ilkane  for  our  awin  partis  to  the  said  noble  lord  that  we 
sail  be  his  lordschippis  adwyss  concur  and  assist  the  said  Laird  of  Strowan 
mantein  and  help  his  houss  and  estait  sa  far  as  possiblie  we  can  be  able 
wnder  the  pain  of  infamie  and  defamatioune  /  In  faith  and  witnes  quhairof 
we  haif  subscriuit  thir  presentes   with  our   handis  writtin  be  Alexander 


284 


THE    SPALDING   CLUB    MISCELLANY. 


[1612. 


Dauidsone  seruitour  to  the  said  noble  Lord  At  Perth  the  nyntein  day  of 
May  j"  vi<=  and  tuelf  yeires  Befoir  witnessis  Mr  George  Hay  persone  of 
TurreflP  /  Dauid  Maxtoun  burges  of  Perth  /  Johne  Robertsone  /  and  the 
said  Alexander  Dauidsone  writer  forsaid 


Alaster  Robertsoun  in  Auchin- 
rew  forsaid  with  my  hand  at  the 
pen  led  be  the  notar  publict 
viider  writtin  at  my  cummand 
becaus  I  can  nocht  writ  /  Ita  est 
Alexander  Dauidsone  notarius 
publicus  de  speciali  mandato  dicti 
Alexandri  scrihere  nescientis  vt 
asseruit 

M  George  Hay  persone  of  Turreff  witnes 

Dauid  Maxton  witnes 


Jhone  Robertsoun  off  Straloch 
Chairliss  Robertsone 
James  Robertsone  with  my  hand 
Allex"  Robertson  of  Inchema- 
grunocht 


THE    ERROLL    PAPERS.  285 


5M.  Hctters. 


THE  EARL  OF  HUNTLY  TO  THE  EARL  MARISCHAL. 

My  lord  and  broder  /  Eftir  maist  hartly  commendatioun  plesitt  your  lord- 
schip  my  lord  of  Suthirland  hes  schawin  me  sura  heidis  concerning  the 
mater  betuix  your  lordschip  and  the  Maister  of  Erroll  quhilk  I  wold  fane 
wer  adressit  in  ane  freindlye  maner  and  wald  that  ye  affixt  ane  day  quhane 
sic  freindis  may  convene  as  your  lordschip  plesis  refer  that  mater  to  /  for  my 
lord  of  Sutherland  hes  taikin  on  hand  that  the  Maister  of  Erroll  will  stand 
at  freindis  in  lyk  maner  for  his  part  /  And  becaus  I  gaif  ane  decreitt  in  that 
mater  quhairin  the  Maister  wes  verray  complenteous  I  wald  thairfor  and 
for  diuerse  wtheris  respectis  that  the  mater  wer  adressitt  in  ane  freindlye 
maner  rather  nor  to  pas  to  the  rigor  with  the  samyn  /  thairfor  prayes  your 
lordship  to  send  your  answer  heirin  with  the  berer  /  Forder  I  am  informit 
that  your  lordschips  seruand  John  Keytht  in  Cathnes  hes  maid  sum  new 
nouatiounis  on  the  bischope  of  Cathnes  /  praying  your  lordschip  heirfor  to 
considder  the  samyn  and  to  cans  him  desist  thairfi-a  in  tyme  cuming  sua 
that  thair  be  na  forder  cause  to  complein  on  him  /  Referring  to  your  answer 
and  God  be  your  loi'dschips  keipar  /  At  Elgin  the  thrid  day  of  Aprile  / 
Your  lordschips  syster  commendis  hir  hartlie  to  yow  and  gif  thair  be  ony 
thing  your  lordschip  wald  send  in  thir  partis  ye  will  pleis  aduerteis  me 
thairof  quhilk  I  salbe  as  I  may  /  I  sail  half  ane  schortly  eftir  Pasche  at 
yow  with  all  sic  thingis  as  I  half  hard  bayth  of  the  procedingis  in  the 
south  and  of  sic  thingis  as  I  half  fund  in  thir  pairtis 

Your  broder  at  his  power 

HUNTLV 

To  my  lord  and  broder 
Erie  Merschell 


286  THE    SPALDING    CLUR    MISCELLANY.  [1600. 


II. 

THE  .JUST  COPIE  OF  THE  LETTRE  DIRECT  FRA  THE  ERLE  OF 
ERROLL  TO  THE  ERLE  OF  MARSCHELL  THE  XVII  DAY  OF  SEP- 
TEMBER MDC. 

My  lord,  howfar  I  haif  euer  preissit  thir  yeiris  bygane,  and  sen  I  did 
occupie  the  place  quhilk  I  presentlie  posses,  till  keip  that  natural!  dewtie 
towart  yew,  quhairto  we  ar  baith  bound  be  proxiniitie  of  blood,  God  bearis 
me  witnesse :  And  yourself  can  testifie,  quhen  ever  occasion  offerit  of  your 
aidoe :  Nather  doe  I  complaine  of  your  pairt  in  commoun  offices  of  freind- 
schip  :  As  for  the  debaittis  standing  of  auld  betuix  our  howssis  and  pre- 
sentlie betuix  our  selfis,  how  lang  and  luifinglie  I  haif  socht  thame  to  be 
removeit  (nocht  be  law  or  truble  quhilk  is  now  the  commoun  custome  of 
the  cuntrie  in  maiteris  of  less  wecht)  bot  be  all  the  freindlie  meanis  lay  in 
my  power  or  that  I  could  devyse,  thinking  in  that  forme  till  pluk  vp  the 
ruit  of  all  eivill,  that  be  wicked  dewyssis  micht  in  any  tyme  cuming  aryse 
betuix  our  selfis  and  posteritie  :  And  to  that  effect  sum  of  our  luifing  freindis 
haifing  dyvers  tymes  convenit,  seamit  to  gif  sum  hoip  off  conformitie,  yit  na 
beginning  of  setling,  and  in  the  meantyme  vnder  commoning  of  freindis,  quhen 
I  luikit  for  best  succes,  ever  the  further  wrangit,  nochtwithstanding  of  the 
particular  warrandis  I  haif  of  your  self  for  quieting  of  all  eilistis  :  Bot  lastlie 
maist  of  all,  at  quhilk  tyme  of  our  melting  at  Deir  I  resavit  sic  notable 
wrang  as  I  think  few  or  nana  haif  sene  the  lyk  done  vnder  trysting  with- 
owt  any  dischairge,  quhairby  finding  my  self  so  far  behind  and  withowt 
hoip  of  any  mair  freindlie  dealing  in  that  errand  ;  I  haif  thocht  heirby  till 
vse  yow  honestlie,  in  dischairgeing  my  self  of  all  that  be  the  last  common- 
ing of  freindis  I  may  be  thocht  bund  vntill,  in  sic  forme  and  for  sic  re- 
spectls  as  I  haif  vvillit  thir  beraris  the  laird  of  Wattertowne  and  William 
Hay  of  Crimmonmogat  till  schaw  yow,  quliome  your  lordschip  sail  credite  as 
directit  purpoislie  to  that  effect.  Sa  for  the  present  I  commit  yow  to  God. 
Turray  the  xvij  day  of  September  1600. 

Your  lordschips  mair  affectionat  nor  weill  met 

Erroll. 


1602.]  THE    ERROLL    PAPERS.  287 


YOWNG    FRENDRAWCHT    HIS    LETTRE    TO    THE    LAIRD    OF 
BALQUHYNE. 

Honorabill  and  luffing  brother,  my  werraye  hartlye  commendatioun  re- 
memberitt :  The  Laird  of  Drum  and  I  hes  resaued  ane  lettre  fra  my 
Lord  ErroU,  with  sik  particuUar  pointis,  quhairbye  we  persaue  his  lord- 
schip  iwill  instructitt  att  the  present :  be  quhayis  informatioun  we  can  nocht 
direcklie  juge,  bot  douttis  nocht  hot  God  with  tyme  will  bayth  interpreit 
tham  and  wss  (I  meane  ewerye  ane  in  thair  awin  collowris).  Trewe  itt  is, 
brother,  that  from  the  beginning  of  this  mater  the  laird  of  Drum,  your  selff 
and  I,  hes  coniunctlye  and  efaldlye  delt  heirin,  as  luffing  and  indifferent 
freindis  to  thame  baytht,  but  respect  of  partie,  or  perrell  wnto  our  selfis, 
respecting  alwayis  thair  weillis  and  concord  as  our  cheif  contentment : 
quhilkis,  nowe  yitt  as  abefoir,  I  am  maist  asseured  is  your,  the  laird  off 
Drum,  and  myne  awin  onlye  intentioun,  quhowsoewer  iwill  disposed  per- 
sonis  sail  enterpreitt  ather  of  ws  :  for  we  all  thre  knowis  perfytlye,  that 
incais  sum  iwill  disposit  persoun  or  personis  haid  nocht  interruppitt  our 
luffing  and  freindlye  intentioun,  my  Lord  Erroll  of  his  lordschipis  awin  nk- 
turall  inclinatioun,  haid  newer  recleamed  from  ws  (being  sa  indifferentlye 
chosin).  Thairfoir,  brother,  as  ye  haift'  from  the  beginning  delt  be  ws  and 
we  be  yow,  as  thre  distinct  personis  haiffing  bot  ane  mynd  and  ane  onlye 
intentioun,  vill  nowe  maist  eirneslie  request  yow  for  till  concur  with  ws  in 
the  end,  as  we  sail  with  yowe,  for  effectuing  of  sa  guid  a  purpois :  quhair- 
intiU  we  sail  haiff  contentment  with  honnour,  in  perfyting  ane  mater  sa 
weychtie  committit  till  our  charge,  being  sa  longe  lingared  be  noble  men 
off  our  rank  and  abowe  befoir  this  tyme.  And  althocht  bayth  thir  noble 
men  be  miscontentitt  for  the  present,  or  the  day  thrie  yeir  at  farrest, 
thaye  will  blisse  our  bainis,  incais  we  be  nocht  present  in  persoun  to  receawe 
thankis.  To  conclud  :  we  luik  asseuredlie  that  quhowfar  ye  haiff  gain  with 
ws  att  the  beginning  of  this  mater,  ye  will  also  end  and  conclud  with  ws  : 
seing  by  yow  we  concluditt  nathing,  and  thatt  quhowsoewer  ather  off  the 
erlis  will  interpreitt  ws,  we  mon  as  our  foirbearis,  leiff  and  die  as  coniunct 
freindis,  and,  with  God  his  helpe,  leiff  ane  introductioun  till  our  posteritie. 
In  the  meantyme  quhow  rasche  soewer  my  Lord  Erroll  interpretis  the 
lard  Drum  or  me  to   be    in    this  particuUar   tuiching   his    lordschip   and 

2  o 


288  THE    SPALDING    CLUB    MISCELLANY.  [1602. 

Ludquharne,  we  haiff  delt  and  yitt  sail  dell  quhat  in  ws  lyis  to  satisfFeye 
ray  lord  ErroU  his  lordschipis  desyir,  prowyding  we  cut  nocht  my  Lord 
Merschael  his  lordschipis  thrott :  and  to  that  effect  will  desyr  yow  to  meitt 
ws  the  morne  be  tene  howris,  quhair  we  sail  abyd  your  cumming,  at 
Stirwelin  hill,  and  thair  att  lengtht  we  sail  ressoun  forder  nor  we  cane 
presently  wreitt.  Sua  resting  thairto  I  committ  yow  maist  hartlye  to  the 
protectioun  of  the  Alraychtie.  Innervgye  this  Sonday 
Youris  maist  luffing  brothir 


J   Crychtoun 


To  the  rvcht  honorabill  and  his  maist  luffing  brother 
The  Laird  Balquhane 


IV. 

THE  LAIRD  OF  DRWM  AND  YOWNG  FRENDRACHT  THAIR  LETTER 
TO  BALQUHINE  OF  THE  TENT  OF  JULIJ  MDCII  CONSERNING 
THE  ERLLIS  OF  ERROLL  AND  MERSHALL. 

Rycht  honorabill  and  hairtlie  belufFed  brother  /  Efter  our  hartliest  com- 
mendatiouns,  pleisse  heirwith  to  resaiff  ane  copie  of  the  decreitt  we  ar  to 
consent  in  the  blank  betuix  the  Erlis  off  Erroll  and  Marschell :  quhilk  we 
haiff  formit  for  our  ingyn  in  terrais  leist  offensiue  to  Erroll,  quhairbe  ye 
mvcht  the  mair  hairtelie  join  with  ws  (as  we  stand  nothe  in  doubt  bott  off 
iluetie  ye  vill)  in  this  mater  tuiching  sa  neirlie  thair  veilfairis  and  concord 
and  our  honesteis.  And  sa  itt  sail  pleisse  yow  to  reid  the  same  and  to  re- 
tourn  itt  vith  the  berar  towardis  ws,  and  to  certefe  ws  off  your  consent 
be  your  letter  heirto  as  is  sett  doun :  for  seing  we  are  jonit  in  all 
deuteis  we  desyr  nothe  we  suld  deuyd  in  this,  wthervayis  we  vilbe  forcit, 
fering  our  schame  and  thir  nobill  men  thair  onquyetnes,  to  pronunce  be  our 
selffis :  albeitt  we  visse  vthervayis,  that  we  suld  gang  coniunctle  togidder, 
seing  no  iust  reson  to  distract  ws.  Attour,  itt  sail  pleisse  you,  for  clering 
off  this  mater  betuix  my  Lord  Erroll  and  Ludquharn,  to  resaiff  on  the 
bak  off  the  said  decreitt  the  very  just  copie  of  George  Hay  his  band  : 
quhairbe  ye  vill  aiselie  considder  that  the  Erie  of  Marschall  can  na  vayis 
veleift"  him  selff  off  the  perrell  of  his  bandis  to  Ludquharn   and   Alex- 


lf)02.]  THE    ERROLL    PAPERS.  289 

ander  Keyth,  bott  be  your  randering  off  that  band  or  discharge  grantit 
to  ErroU  be  Ludquharn,  or  be  my  Lord  his  decreitt  to  be  pronuncit  in 
finall  conclusioun  oiF  thais  ilestis :  quhairin  seing  we  find  your  part  sum 
thing  heauie,  in  respect  ye  procurit  that  discharge  and  on  quhilk  condi- 
tionis  ye  knaw  best,  wald  ather  conseill  you  to  mak  that  be  dischargit 
bak  to  Erroll,  or  then  we  will  be  forcit  off  reson  to  conclude  in  sentence 
vith  Marschell :  and  na  thing  mair  nor  ye  condescendit  to  your  seltF,  seing 
Marschell  hes  no  other  band  oif  thairis  to  releifF  him  be,  And  to  bind  him 
to  them  in  ane  mater  vthervayes  concludit  we  think  itt  nothe  the  best.  Itt 
sail  pleisse  you,  sir,  to  meitt  ws  on  Mononday,  be  nyn  houris  befoir  noun, 
on  the  ground  :  quhair  ye  sail  be  partner  or  witnesse  of  the  conclusion  in 
that  erand,  as  ye  pleisse  :  and  quhosoevir  ye  be  dispositt  viU  pray  your 
presence  maist  hartlie  as  ye  sail  hefF  ouris  at  command.  And  sa  our 
humbUl  duetie  rememberit  to  my  Lord  and  Laydie,  thair  committis  you 
maist  hartle  to  God,  this  x  off  Julij  1602, 

Youris  luffing  brether  at  pouer  assured 

A  Iruin  yr  off  Drum 
To  the  Richt  Honnorabill  J  Ckychtoun 

The  Laird  off  Balquhyn 


V. 

THE  LAIRD  DRUM  HIS  ANSWER  TO  MY  LORD  OF  ERROLLIS 
LETTRE  CONCERNING  THE  SUBMISSIONES  BETUIX  THE  ERLIS 
OF  MERSCHEALL  AND  ERROLL  AND  LUDQUHARNE.  XI  JULY 
MDCIL 

My  lord,  Efter  our  hairtliest  comendatiouns  of  seruice,  pleiss  we  heff 
this  day  resaued  your  lordschipis  letter,  off  ane  onacquentit  styll  /  baith  in 
respect  off  our  luffing  dueteis  touardis  your  lordschip,  and  your  lordschipis 
accustumat  courteseis  touardis  ws  /  Being  be  thais  menis  inducitt  in  thir 
snares  we  ar  sore  we  can  nothe  expeid  our  selfis  but  your  lordschipis  mis- 
contentment,  or  our  avin  schame  / off  your  lordschipis  courtoisies 

to  ws,  and  our  hartliness  to  your  lordschip  in  all  humble  degrie,  we  haiff 
chosin  rather,  be  our  doingis  to  committ  our  selffis  to  your  lordschipis 
wounted  courtoisie  be  satling  off  thir  debaitis  for  our  poware  /  nor  to  the 


290  THE    SPALDING   CLUB    MISCELLANY.  [1602. 

sklander  off  the  wardill  miserabill  and  bestle,  to  leff  your  lordschip  vith 
thais  (ye  augcht  for  sindre  respectis  to  luff  best)  in  luggis,  as  the  prouerb 
is.  Sa  we  protest  befoir  God,  quhosoeuer  we  be  no  vichis,  our  villis  ar  bent 
to  baith  your  lordschipis  veilfairis  /  And  sa  in  hoip  that  God  vill  assist  ws,  be 
mitigating  off  baith  your  lordschips  myndis  touardis  vtheris  and  ws,  con- 
forme  to  charetie,  we  intend,  God  viUing,  to  sattill  your  lordschipis  baith,  as 
far  as  we  off  powar  may.  And  quhair  in  your  lordschipis  letter  your  lordschip 
vald  accuss  ws  off  partialitie,  we  ar  nothe  to  contrare  your  lordschip  /  Yit  • 
doubtis  nothe,  bott  the  Lord,  quha  knavis  the  secreittis  off  all  men  hartis, 
heirefter  sail  mak  our  pairt  discouerit,  to  sum  better  contentment  and 
commendatioune.  Quhair  your  lordschip  afSrmis,  bee  thais  spak  to  your  lord- 
schip from  ws  /  your  lordschip  wass  informit  we  war  to  reiect  all  resons 
proponit  be  your  lordschip  qubilkis  mycht  nothe  eleid  the  Erie  off  Marschall 
his  lordschipis  decreit  of  cognitioun  /  in  this  we  think  we  faill  nothe,  with 
your  lordschipis  pardoun  :  seing,  in  your  lordschipis  avin  pressence  al  tyrais 
befoir,  and  then,  giff  itt  had  bein  permittit  to  ws  be  your  lordschipis  freindis, 
we  war  abill  off  resoun  to  haiff  excusitt  our  selfis  /  and  na  less  villing  to 
haiff  offerrit  our  selfis  /  and  vill,  I  assur  your  lordschip,  to  all  the  wardill 
heirefter,  that  nather  in  that  haiff  we  committit  errour  throw  ignorance 
[nor]  yett  vrang  throw  vilfulness  or  partialite.  And  for  our  mair  as- 
surednesse  in  our  resolutione,  we  may  say,  that  at  our  last  [trysting]  all 
being  alledgitt  that  vass  now  proponit,  and  alyk  friuolouss,  it  wass  for 
delaying  off  our  sentence  then  desyritt,  that  your  lordschip  mycht  heff  ane 
vther  dyett,  in  the  quhilk  your  lordschip  suld  propone  peremptourlie  in 
scriptis,  ather  to  eleid  or  mitigatt  the  Erie  off  Marschell  his  lordschipis 
decreitt  /  quhilkis  now  nothe  being  performit,  yea  schairsli  spokin  off,  we 
thocht  it  impertinent  resoning  and  neuer  tending  to  conclusioun,  repe- 
tere  principia,  as  the  scoller  sayis.  On  quhilk  consideratione,  we  heff 
chosin  rather  barnlie  to  conclud  charite,  nor  vyslie  to  foster  discenttioun. 
Quhair  your  lordschip  sayis  it  vill  nothe  vork  our  vissit  effect  /  Quod 
supra  nos  nihill  ad  nos,  sa  latt  the  Lord  that  creatit  all,  woork  that  at 
his  heavinlie  vill  :  bott  giff  it  sail  nothe  fall  vthervyis  nor  we  propone 
or  vissis,  itt  salbe  alwayis  to  your  honouris  queyetnessis  and  content- 
raentis,  and  sa  in  ane  cheritable  fault  we  esteme  no  less  nor  ane  .... 

mycht  be  apardonit  /  As  for  your  lordschipis  passionat  patience 

purposing  heirefter  to  do  and  think  to  ws  we  newer  deseruit  yet  sail  God 
villing  /  God  grant  your  lordschip  na  gryter  desyr  to  think  or  do  to  ws 


1602.]  THE    ERROLL    PAPERS.  291 

bott  as  to  your  lordschipis  luffing  freindis,  nor  we  remain  off  stedfast  re- 
solutioune  to  honour  your  lordschip  to  our  powar :  And  giff  the  conclusioun 
be  nothe  falsse  /  Qitod  intentio  jzidicat  hominem  I  wehoip  in  God  we  sail  be 
absolult,  seing  our  niening  is  good  /  As  for  this  mater  vith  Ludquharn,  itt 
may  be  your  lordschip  gett  mair  off  your  lordschipis  avin  vill  nor  your  lord- 
schip lookis  for  /  And  yett  we  esteme  nothe  bott  heirefter,  your  lordschip  sail 
find  our  mening  in  that  nothe  worst  /  bott  seuss  your  lordschip  is  presentlie 
preocupijt  vith  eholer  against  ws,  thair  restis  nocht  place  to  perswade  your 
lordschip  in  quhatt  we  think  we  mycht  baith  off  resone  and  honest  affectioun 
touardis  your  lordschipis  veilfair,  quhilk  God  villing  heirefter  I  hoip  salbe 
mair  sesonable  /  and  soner,  giff  we  leiff,  nor  sevin  yeris.  Till  quhilk  tym  vill 
pray  your  lordschip  to  continew  your  lordschipis  wounted  affectioune  to  ws, 
and  we  sail  abyd  your  lordschipis  euer  as  befoir  reddie  in  seruice  to  be 
commandit  /  for  vnless  your  lordschip  vill  by  custume  disdain  ws  we  intend 
never  to  alter  our  deuties  /  or  at  leist  to  continew  for  sevin  yeiris  as  we  ar, 
or  quhilk  tym  itt  may  fall  ane  comle  change  /  As  for  that  part  of  your  lord- 
schipis letter  tuiching  the  restitutioun  off  your  lordschip  to  all  vritis  in  my 
hand,  becauss  itt  concernis  me  I  ansuer  for  my  selff  /  God  villing  be  ouwcht 
I  heff  resauit,  your  lordschip  nor  nain  heffing  entress  salbe  preiudgit  /  seing, 
as  thai  ar  committet  to  my  credit,  I  sail  preserve  them  till  I  present  them 
in  judgement  /  quhairin  giff  your  lordschip  or  the  parteis  beis  sueir,  I  in- 
tend to  vss  my  avin  diligence  to  heff  them  consignit,  that  I  may  be  frie  / 
Quharin  your  lordschip  sayis  that  your  lordschipis  trubbill  or  expensis  will 
nothe  mak  our  burdin  the  ligchter  /  we  knaw  nothe  quhatt  your  lordschip 
menis  thairbe,  seing  we  desyir  nether  trubill  to  your  lordschip  nor  ony  ex- 
oneratioune  to  our  selfis  of  ony  thing  we  ar  to  do,  seing  we  intend  to  do  itt 
befoir  God  and  the  wardill,  in  honest  .  .  .  .  Sa  resting  to  be  tediouss,  and 
nothe  distrusting  your  lordschipis  discretioune,  committis  your  lordschip  and 
all  youris  maist  hartlie  to  God  /  the  xi  of  Julij  1602  / 

Your  lordschipis  luffing  freindis  at  powar 
assured  to  be  commandit 

A  Iruin   yr  off  Drum 
J  Crychtoun 
To  our  speciall 

good  lord  My  Lord 

Erie  off  Erroll  etc. 


292  THE    SPALDING    CLUB    MISCELLANY.  [1683. 


VI. 

THE  COPIE  OF  THE  LAIRD  OF  THE   CRAIGIS  LETTRE   TO  MY  LORD 
ERROLL. 

My  lord,  ray  maist  hartlie  commendationis  rememberitt  with  service, 
pleis  your  lordschip,  I  haifF  conferritt  with  my  lord  my  cheifF,(')  quha  is 
verrie  glaid  to  meitt  with  your  lordschip  at  Deir  vpon  Satterday  cum 
aucht  dayis,  be  sic  tym  your  lordschip  will  appointt  /  and  with  his  lordschip 
he  thinkis  meitest  the  yowng  laird  Drum  and  Frendratt,  and  as  your 
lordschip  sail  think  meit  agane  to  bring  any  luiffing  freindis  your  lord- 
schip pleissis  /  As  to  my  gwdwill  it  is  als  great  as  any  vther,  bot  my 
credite  is  only  in  ray  pleane  speiking.  And  the  rest  to  sic  occasioun  as  sail 
offer  to  meit  with  your  lordschip,  I  committ  your  lordschip  your  bedfellow 
and  sweit  babis  to  the  Lord  of  Hevinis  protectioun.  Wreittin  this  Frydday 
lait 

Your  lordschipis  to  be  commandit  with  service 

Ravinscraig 

Your  lordschip  pleis  appardoun  me  of  this  forgetfulnes,  Mononday  cwm 
aucht  dayis  is  thocht  maist  convenient,  and  it  contentt  your  lordschip. 


VIL 

A  PERSON  UNKNOWN  TO  JOHN  TWELFTH  EARL  OF  ERROLL. 

June  1683. 

Privat  newes  from  Edinburgh. 

One  James  Smith  going  from  the  Cannongate,  alledged  to  have  been  at 
Boddell  bridg,  convoyed  with  six  of  the  Kings  lyfguard  of  horse,  to  be 
tryed  at  the  circuit  of  Glasgow,  at  a  bridg  near  Kirkintillow  ten  men  fyred 
out  of  a  house  on  them,  killed  David  Murray,  wounded  John  Ballantine, 

(1)  [The  Earl  Marischal.] 


1688.]  THE    EKROLL    PAPERS.  293 

and  another,  came  out  and  cutt  the  cords  that  the  prisoner  was  tyed  with 
and  all  of  them  took  presentlie  a  mosse. 
For  the  Right  Honourable 
The  Earle  of  Erroll 
Lord  High  Constable  of  Scotlande 

These. 


VIII. 
J.  HAY  TO  LADY  ANNE   DRUMMOND,  COUNTESS  OF  ERROLL. 

Madam 

I  had  a  letter  on  Sunday  last  from  the  provest  of  Edinburgh, 
wherin  he  wrytes  from  Windsor  that  the  hospitall  busines  was  only  delayed 
till  he  got  a  return  from  my  Lord  ChancellarCO  of  a  letter  he  had  writt  to 
him.  I  went  on  Monday  to  my  Lord  Chancellar,  and  his  lordship  told  me 
he  had  writtin  the  ansuer  already,  and  befor  now  it  was  at  the  provests 
hand  ;  and  yesternight  meeting  with  Sir  Thomas  Kennedy,  the  last  pro- 
vest,  he  told  me  the  papers  wer  signed  by  the  King.  But  I  shall  wait  for 
the  confirmation  of  this  by  the  nixt  post. 

I  have  heard  nothing  of  Northesks  people  since  my  lord(^)  went  from 
this,  nor  haue  I  seen  Claverhous  since  except  at  a  distance.  The  last  news 
lettre,  I  mean  the  last  weeks,  did  bear  that  his  grace  the  Duke  of  Gordon 
had  alterd  his  resolution  of  going  abroad  and  kissed  the  Kings  hand  in 
order  to  coming  home,  and  its  said  my  lady  Dutchess  stayes  some  tym  be- 
hind him.  Besyd  the  ordering  of  the  militia  as  I  haue  writtin  to  my  lord, 
if  any  appearance  of  invasion  be,  beacons  ar  appointed  to  be  sett  on  in 
sundrie  places,  and  all  between  sixty  and  sixteen  to  ryse  upon  advertisment 
by  the  cross.O  I  caused  my  wyffe  buy  the  sattin  and  flannen  your  ladyship 
ordred  which  James  Body  is  to  send  by  this  bearer.  They  ar  the  best  of 
both  she  could  get.  The  last  gazet  is  the  only  news  can  at  present  be  had 
to  be  sent  your  ladyship  by.  Madam, 

Your  ladyships  most  humble  and  most  obedient  servant 

J.  Hav 

Edinburgh   19  September  1688 

(1)  [The  Countess'  brother,  James  fourth  Earl  of  Perth.] 

(2)  [The  Countess'  husband,  John  twelfth  Earl  of  Erroll.] 

(3)  [That  is.  The  Fiery  Cross.] 


294  THE   SPALDING   CLUB   MISCELLANY.  [1688. 

IX. 

WILLIAM  HAY  TO  THE  COUNTESS  OF   ERROLL. 

May  it  please  your  honor 
Madame 
I  have  been  so  much  hurryed  this  whyle  bygone,  that  I  have  been 
forced  in  some  pairt  to  delay  the  performing  your  ladyships  commands, 
bot,  God  willing,  quhairin  I  have  failled  I  shall  endevour  to  supply  in  my 
vigilance  of  observing  your  ladyships  commands  heirafter.  I  am  overjoyed 
to  be  confirmed  of  my  lords  finall  transaction  with  the  town  of  Edinburgh, 
quhich  wes  performed  on  Thursday  last  in  Blairs',  wher  my  Lord  Chancelaj- 
wes  with  my  lord,  and  quhair  both  were  treated  by  the  town,  and  pepers 
exchanged ;  so  that  now  blessed  be  God  the  Earl  Erroll  hes  as  frie  ane 
estate  of  any  incumberance  as  any  Scottish  man.  It  is  like  your  ladyship 
may  have  seen  the  attestation  of  witness  anent  the  Prince ;(')  houever 
having  it,  I  reckoned  it  my  duty  to  send  it.  I  have  seen  this  day  a  Delara- 
tione  from  the  King  anent  the  Prince  of  Orange  importing  that  he  had 
invaded  England,  bad  taken  on  him  the  regall  style,  had  many  specious 
pretexts,  among  the  rest  to  call  a  frie  parliament ;  which  assertion  of  his 
is  opposed  in  the  Kings  declaration  thus,  that  ther  is  nothing  more  he 
desyres  then  that,  and  in  order  thairto  hes  restord  all  corporations  to  their 
ancient  priviledges,  and  that  the  only  means  to  obstruct  a  frie  parliament 
would  be  the  Prince,  by  his  having  ane  army  over  their  heads:  And  this 
declaration  gives  account!  that  the  Dutch  consists  of  about  ten  thousand 
foot,  quhairof  Maccay,  Balfour  and  Talmash  are  the  only  native  coUonells, 
and  about  three  thousand  six  hundred  horses.  Quhether  true  or  not  I  know- 
not,  we  are  oblidged  to  beleive  the  King.  This  day  in  obedience  to  the 
privy  counciU  the  commissioners  having  mett  (altho  a  few,  being  bad 
weather)  have  imposed  thirty-six  shillings  Scotes  for  every  footman  out- 
reicht  in  Aberdeenshyre,  quhich  with  fourteen  shillings  and  twelve  shillings 
formerly  imposed  makes  up  fourty  dayes the  fourth  part  detach- 
ment. Wee  are  told  heir  that  the  Shireif  of  the  Merns  and  young  Craigi- 
var  have  fought,  and  that  the  ShirefF  is  wounded,  and  two  or  three  men 
killed  quho  entered  the  quarrell.  The  whole  militia  is  to  be  again  detached 
to  three  thousand  foot  and  six  hundred  horse.     The  Master  of  Forbes  is 

(1)  [The  infant  Prince  of  VVales.] 


1688.]  THE    ERROLL    PAPERS.  295 

captain  over  the  Bamf  Aberdeen  and  Merns  horses,  Camphel-Forbes  his 
lieutenant,  and  William  Burnet,  Leyes  brother,  his  cornet,  in  place  of  those 
formerly  named.  Duffus  hes  the  comand  of  the  north  countrey  horse.  It 
seems  no  news  can  come  to  this  place  by  reason  the  pacquet  is  now 
always  seased  on,  by  what  means  is  not  discovered.  They  teU  me  that 
privat  lettres  bear  the  Dutch  to  be  fourty  thousand  men  ;  we  shall  scarce 
have  any  sure  account  this  eight  dayes.  Your  ladyship  hes  certanly  letter 
accountts  then  this  place  can  pretend  to,  hot  thus  far  I  thocht  it  my  duty 
to  give  your  ladyship  accountt,  as  a  testimony,  in  so  far,  that  I  am  sensible 
that  it  is  my  duty  to  all  intents  and  purposes  to  be. 

May  it  please  your  ladyship, 
Madame, 
Your  ladyships  most  obedient  and 
most  faithfuU  servant 
November  20   [I6]88  Will:   Hay. 

Your  ladyship  hes  heard  of  the  new  election  of  the  magistrats  heir,(') 
quhich  as  I  am  informed  wes  done  by  a  list  sent  from  Edinburgh  to  the  old 
counclU  by  ther  dictator  Bailyie  ^die  :  Alexander  Gordoun,  provest ; 
George  Seton,  Jon  Gordoun  the  provests  son,  Jon  Lesly  the  late  provests 
son,  and  Robert  Cruickshank  of  Banchory,  bailyies  ;  Andrew  Burnet,  dean 
of  guild  ;  a  young  man  called  Robert  Gordon  thesaurer.  I  have  given  your 
ladyship  accountt  by  Mr.  William  Nisbet  of  the  goods  brought  by  Andrew 
Burnet,  quhich  I  shall  repeat  to  your  ladyship  :  A  cabinet  with  standard, 
a  chest  of  drauers  with  standard,  tuo  tables,  tuo  mirrours,  tuo  pair  stands, 
all  of  fyne  mosaik  or  indented  work,  with  thirty  dozen  bottels,  and  eighteen 
or  twenty  four  peuther  dishes,  and  five  or  six  dozen  trenchers. 


X. 

J.  HAY  TO  THE  COUNTESS  OF  ERROLL. 

Madam 

Upon  Monday  last  (ther  having  been  a  tumult  the  night  before), 
my  Lord  Chancellar  called  all  the  councellours  in  town,  and  others  of  the 

(I)  [Aberdeen.] 
2p 


296  THE    SPALDING   CLUB    MISCELLANY.  [1689. 

nobility,  to  Halyroodhous  ;  and  after  he  had  spoken  with  them  went  away 
towards  Drumond,  having  with  him  about  ten  gentlemen  of  his  own  freinds 
and  forty  militia  hors.  That  night  he  went  to  the  Earl  of  Callendars  hous 
of  Almond  between  Linlithgow  and  Falkirk.  And  in  this  place,(')  after  he 
was  gone  on  the  Mondays  night,  ther  was  a  terrible  tumult  and  his  lodg- 
ino-s  rifled  intirelie;  and  all  thes  of  the  Roman  persuasion  wer  used  in  the 
sam  maner,  even  old  Lady  Margaret  Hay,  Lady  Lucie  Hamilton,  Mr  An- 
drew Hay,  the  Laird  of  Niddrie  etc.  And  towards  the  morning  they  cam 
to  Blairs  lodging  and  ruined  everything  within  the  hous,  brak  his  cabinetts 
to  shivers,  treated  his  children  very  barbarouslie,  and  brunt  his  papers,  in 
the  floor  of  one  of  his  rowms,  and  all  other  papers  they  got.  Himself  and  his 
lady  had  withdrawn,  and  now  he  is  out  of  town  and  his  family  to  follow. 
I  was  fulHe  of  your  ladyships  mynd  as  to  my  lords  being  heir,  but  it  was 
both  the  Kings  service  and  my  Lord  Chancellars  securitie  that  he  should 
stay  ;  and  though  in  resisting  of  tumults  thers  much  of  danger  and  litle 
honour  to  be  won,  as  your  ladyship  sayes  very  right,  yet  even  that  danger 
cannot  at  some  tymes  by  persons  of  quality  be  weel  declyned.  However, 
now  my  lord  is  on  his  way  towards  your  ladyship,  yet  going  by  Drum- 
mond  ;  which  is  the  reason  I  have  troubled  yow  with  this  account  becaus 
himself  thought  the  post  would  be  at  Aberdeen  before  him.  As  to  the 
particular  in  your  ladyships  lettre  I  cannot  in  the  disorder  wee  ar  now  in 
o-ive  any  ansuer,  for  I  was  adwysed  the  last  night  not  to  keep  my  own  hous, 
and  so  both  wyff'e  and  bairns  went  with  me  to  seek  our  lodging  elswher. 
.  So  wishing  God  to  comfort  your  ladyship  for  this 
afliction  of  your  dearest  and  nearest  friends  I  shall  ad  no  mor 

Leith  12  December  1688  at  half  an  hour  after  twelve  at  quhilk  tym  my 
lord  took  boat  with  a  fair  wind. 


XL 
J.  HAY    TO   JOHN    TWELFTH    EARL    OF    ERROLL. 

My  Lord 

On   Sunday  last  the  thirty-first  of  March,  imediatlie  after  the  foir- 
noons  sermon,  which   was  preacht  in  the    High  Kirk   by  the    Bishop  of 

(1)  [Edinburgh.] 


1689.]  THE    ERROLL    PAPERS.  297 

Murray,("  the  President  of  the  Session(2)  going  home  discoursed  all  the  way 
with  his  brother  Lord  CastlehillW  and  some  other  freinds  about  the  sermon, 
and  that  it  was  his  admiration  how  he  had  nevir  heard  tell  of  so  excellent 
a  preacher  before.  At  his  closs  head  his  brother  took  leav  of  him,  and 
Daniell  Lockhart  was  with  him,  when  one  Cheislie  of  Dairy  (in  whose 
affair  about  a  difference  betuixt  him  and  his  wyffe  he  had  bin  an  arbiter,  and 
had  determined  most  justlie  according  to  the  opinion  of  all  knowing  men), 
coming  in  behind  the  President,  before  Daniell  Lockhart,  at  the  entrie  of 
the  closs  head  foirnent  Peirsons  turnpyk,  he  with  a  pocket  rifald  pistoU 
shot  the  President  in  at  the  back  on  the  right  syd,  and  the  bullet  came  out 
before  beneath  his  stomack  toward  the  left  syd,  wherby  he  was  killed  dead, 
and  carried  home.  The  murderer  was  seized  on,  and  taken  to  the  guard, 
and  afterward  to  prison.  On  Monday  the  Convention  or  Meeting  of  the 
Estates  was  called  extraordinary,  and  gave  comission  to  six  of  their  number, 
Mr  David  Drummond,  and  me,  and  the  Magistrats  of  Edinburgh  to  torture 
judge  and  try  him.  But  wee  thought  wee  could  not  medle  without  pre- 
judging your  priviledges,  and  thairfor  with  all  discretion  (least  it  should 
have  interupted  the  tryall  of  so  execrable  a  murder),  made  a  protestation  in 
the  terms  of  the  inclosed  paper. (■•) 

So  fell  that  great  man  who  was  your  lordships  particular  freind  ;  and  his 
death  is,  not  only  a  nationall  loss,  but  extremlie  to  be  regrated  for  the 
maner  of  it. 

The  murderer  is  sentenced  this  day  to  be  drawn  in  a  hurdle  from  the 
tolbuith  to  the  scaffold  at  the  cross,  there  his  hand  is  to  be  cut  off  alyve  ; 
then  to  be  hanged,  and  his  body  hung  in  chains  at  the  Gallow  Lee,  his  hand 
to  be  affixt  on  the  Vt'^est  Port. 

Edinburgh  3  April  1689. 

(1)  [Dr.  William  Hay,  according  to  Bishop  Keith,  descended  of  the  family  of  Park;  ac- 
cording to  another  account,  "  son  to  Mr.  William  Hay,  succentor  of  Aberdeen."  Erroll 
MS.  The  same  authority  adds,  that  "  though  he  maintained  his  just  authority  over  his 
clergy,  yet  he  was  of  a  very  mild  and  gentle  temper,  loving  neither  to  persecute  papists 
nor  presbyterians.  So  he  neither  approved  of  the  rigor  of  the  penall  laws  against  the  one, 
nor  allowed  his  clergy  over  much  to  vex  the  other  ;  and  they  having  once  asked  him  '  What 
then  shall  we  do  ?  for  the  schismatick  preachers  will  prevail,'  he  answered,  with  much 
earnestness,  '  Excel  them  in  life  and  doctrine.'  Having  been  ill  of  the  palsy  many  years, 
he  went  to  Bath  for  cure,  but  without  success ;  so  that  returning  home,  he  dyed  at  In- 
verness, at  the  age  of  sixty,  March  the  ninth,  1707,  and  is  buried  in  the  church  there, 
where  his  tomb  is  yet  seen."] 

(2)  [Sir  George  Lockhart  of  Carnwath.] 

(3)  [Sir  John  Lockhart  of  Castlehill,  one  of  the  Senators  of  the  College  of  Justice.] 
(■1)  [This  paper  has  not  been  found  in  the  archives  at  Slains.] 


298  THE    SPALDING   CLUB    MISCELLANY.  [1690. 

XII. 

CONE  TO  JOHN  TWELFTH  EARL  OF  ERROLL. 

Paris  the  26  Octobre  1690 
Rycht  Honorable 

I  can  not  say,  my  lord,  that  anie  of  my  former  letters  cam  saife  to 
your  lordships  hands,  since  I  neuer  had  the  least  returne ;  and  tho  this  be  a 
uerie  unseasonable  tym  for  writting,  since  the  ordenarie  commirce  dis  not 
goe  on  as  formerly  :  yet  necessetie  oblidges  us,  in  thir  hard  tyms,  to  find 
out  some  by  way,  to  make  our  present  condition  knowne  to  our  friends, 
as  I  doe  now  to  your  lordship  with  my  best  respects  ;  begging  that  your 
goodnes  may  extend  itself  now  towards  your  poore  seruents,  for  that 
litle  anuel  rent  which  is  yearly  due  to  me  upon  a  part  of  your  lord- 
ships estat  ;  wherof  there  is  some  arrieres,  besyds  the  yeare  current  deu 
at  this  terme  of  Mertimes,  which  my  cousin  the  laird  of  Balquhyn  can 
make  bettir  knowne  then  I,  to  whom  I  haue  sent  a  generall  discharge 
and  acquittence  for  all  bygons,  untill  this  uerie  tearrae  ;  which  showes 
the  trust  and  confidence  I  haue  in  you  bothe,  as  persons  of  honor  and 
justice  that  will  doe  noe  bodie  wrong.  The  only  motiue  I  can  bring  to 
your  lordship  to  doe  me  this  fauor  is  the  ancient  connection  of  friend- 
shippe  that  passed  betuixt  that  honorable  and  worthie  persone  of  glori- 
ous memorie  Francis  Erie  of  Arroll,  and  old  Patrick  Conne  of  Achray, 
my  grand  father ;  and  euir  since  we  haue  bene  most  noble  familie,  wherof 
your  lordship  is  now  become  the  chiefe  and  head,  as  the  true  and  lawfull 
successor,  and  I  beliue  we  had  some  particular  relation  to  your  familie 
besyds,  from  the  house  of  Eslemont,  but  this  I  can  not  affirme  parfitly, 
it  being  soe  manie  years  since  I  cam  from  home.  Whowsoeuir  I  expect 
your  lordships  kyndnes,  and  that  you  will  doe  me,  nor  myn,  noe  wrong. 
I  am  now  too  old  myself  to  offer  my  seruice,  but  since  it  hes  pleased 
God  to  giue  me  three  boyes,  on  of  them  shall  be  allotted  to  be  a 
seruent  to  you  and  your  familie  at  home :  if  God  send  us  more  happie 
and  more  peaceable  tyms,  that  honest  [men]  may  Hue  upon  their  awne, 
my  thoght  is  to  satle  one  of  my  children  there,  under  your  lordships 
fauorable  protectione.  This  is  my  earnest  wishe  that  all  discords  may 
be  takne  away,  and  that  we  may  serue  God,  king,  and  countrie  with 
freedome  and  peace.     I  can  say  noe  more  at  present,  but  the  duty  and 


1693.]  THE    ERKOLL    PAPERS.  299 

respects  of  this  poore  familie  to  your  lordship,  your  noble  ladie,  and  all 
yours,  as  being 

My  Lord, 
Your  most  humble  and  most  obedient  true  seruent 

CONNE. 

For  the  Richt  Honourable  Lord, 
The  Erie  of  Arroll 
Lord  Hie  Constable  of  Scotland. 


XIII. 
J.    HAY    TO    THE    COUNTESS    OF    ERROLL. 

Madam 

I  was  sorie  to  hear  of  your  ladiships  indisposition,  but  I  hope  the 
nixt  shall  bring  ws  better  news. 

As  to  the  town  of  Edinburghs  seeking  an  inlargement  of  their  privi- 
ledges,  I  can  learn  of  nothing  but  extension  thereof  as  to  the  bounds  ;  for 
they  design  to  build  on  the  other  syd  of  the  Nore  Loch,  and  to  cast  a  bridge 
of  stone  over  it,  and  to  inclose  that  new  tane  in  ground  with  a  wall,  and  they 
would  have  the  priviledges  they  now  enjoy  to  be  extended  to  that  enclosure 
als  Weill  as  they  ar  within  the  present  precincts  of  the  town.  If  any  other 
thing  be  sought  wherin  my  lord  is  concerned  I  shall  advert  to  it. 

As  to  Lady  Marys  (0  woman,  the  design  was  that  she  might  be  capable 
to  teach  musick  and  dancing  to  the  young  ladies  at  home,  as  I  think  trulie 
she  may  be ;  but  seing  your  ladiship  is  displeased  with  it,  ther  shall  be  no 
more  of  it. 

The  Lady  Blair  is  now  weel  recovered,  and  Lady  Mary  proil'eits  won- 
derfullie  at  every  thing  thats  taught  her,  so  that  it  seems  strange  to  me  my 
lord  should  take  her  away  before  the  spring ;  and  your  ladyship  would  be 
pleased  to  deall  with  my  lord  in  it  ffor  the  Lady  Blair  is  most  earnest  to 
have  her  stay,  and  the  tyme  she  hes  bin  at  schooles  will  be  lost  if  she  goe 
away  so  soon. 

The  moon  having  changed  yesternight  which  brings  the  stream  tyd,  the 

(1)  [The  Countess'  eldest  daughter,  the  Lady  Mary  Hay,  afterwards,  in  her  own  right, 
Countess  of  Erroll.] 


300  THE    SPALDING   CLUB    MISCELLANY.  [1700. 

convoy  is  to  saill  on  Thursday  being  tomorrow.  So  Mr  David  Drumond 
and  I  ar  to  goe  to  Burntiland  this  day  to  wait  on  the  Earl  of  Perth,  who  is 
expected  ther  this  night,  and  to  goe  in  a  merchant  ship.  The  delay  that 
was  given  till  the  tent  of  October  he  would  by  no  means  accept  of,  so  that 
wee  wer  forced  to  apply  to  the  ChancellarO  and  the  rest  of  my  lords  freinds, 
that  he  might  have  leave  to  goe  with  the  first  convoy  as  before,  and  it  was 
granted.  My  lord  Duke  Hamilton  is  to  be  in  town  on  Fryday,  and  both  he 
and  my  lady  Dutchess  ar  said  to  be  going  for  court  nixt  week. 

I  opened  the  inclosed  to  see  if  ther  wer  any  news,  that  I  might  wryt  them 
to  the  Earl  of  Perth,  becaus  as  your  ladiship  formerly  allowed  this,  so  I 
humbly  conceiv  my  Lord  Hay  (2)  will  doe  the  lyke.    Ther  ar  no  other  news. 
Edinburgh  20  September  1693 


XIV. 

SIR  SAMUEL    FORBES   OF    FOVERAN    TO  JOHN   TWELFTH    EARL    OF 
ERROLL. 

My  Lord 

It  belongs  to  me  to  attend  your  lordships  dyett  and  whatever  tyme 
you  finde  convenient  to  appoynte ;  so  whether  Tuesday  or  Wednesday  or 
Thursday,  I  will  not  weary  whill  I  foster  the  hopes  of  having  the  honour 
to  see  your  lordship.  Only  the  commission  expyres  on  Frydaye  and  I 
hope  your  lordship  would  be  loath  that  I  should  lose  the  opportunity  of 
vindicating  the  just  right  I  have  when  it  is  so  shrewdly  attacqued  and 
lykewayes  your  lordships  titles  theirthrough,  as  you  saw  by  the  deposi- 
tions. I  have  the  mapp  in  readiness  and  entertaynes  a  due  sense  of  my 
Lady  Erroll's  and  Lady  Mary's  goodness  in  directing  Charles  Whyte  to 
come  to  Foveran  and  aflbording  him  materials  for  the  delineation.  I  con- 
fide in  your  patrociny  and  favour  in  this  matter  only  because  my  plea  is 
juste  and  I  the  innocent  defender  in  the  process.  Your  lordship  hath 
been  allwayes  oblidging  to  me  and  I  am  both  bound  and  resolved  so  long 

(1)  [John,  first  Marquis  of  Tweeddale.] 

(2)  [Her  ladyship's  son,  Charles,  afterwards  thirteenth  Earl  of  ErroU.] 


1701.]  THE   ERROLL    PAPERS.  301 

as  fBsh  swimme  in  the  salt  sea,  or  mussils  grew  in  Ythan,  to  honour  love 
and  serve  your  lordship,  and  now  only  adds  that  I  am  my  lord 
Your  lordships  most  humble  obedient 

and  faithful  servant 

Sam  :  Forbes. 
Savock  5  May  1700. 


XV. 

ROBERT   DOUGLAS    BISHOP    OF  DUNBLANE    TO   JOHN   EARL    OF 
ERROLL. 

August  26    1701 
My  Noble  Lord 

I  receaved  the  honor  of  your  lordships  leter  in  favours  of  Mr 
Barclay  student  of  divinity,  who  purposes  to  follow  the  caling  of  the  holy 
ministry  and  for  that  end  to  be  entred  in  sacrat  orders.  I  am  willing  to 
give  all  the  incowragement  I  can  to  such  weale  designing  honest  persones, 
and  so  much  the  more  when  your  lordship  is  pleased  to  interpose,  being 
most  wiling  to  shew  myself  reddie  to  serve  your  lordship  according  to  my 
power.  But  non  can  be  put  in  ordors  till  first  they  be  examined  and 
tryed  as  to  ther  good  conversatlone  and  literatur,  befor  they  be  prefered 
to  sacrat  ordors ;  therfor  it  is  simply  necessary,  that  he  offer  himselfe  to 
tryell  before  some  godly  orthodox  ministers,  who  if  they  can  testifie  of  him, 
as  one  qualified  for  that  promotione,  I  shall  be  willing  to  doe  what  I  can 
for  his  furtherance.  I  wish  God  may  bles  your  lordship  and  your  noble 
family  with  the  blessings  of  this  lyfe  and  that  to  come,  and  may  reward 
your  lordships  kindnes  for  the  incowragement  a  persecut  orthodox  clergie 
have  from  yow 

My  Lord 
Your  lordships  most  humble  oblidged 
and  affectionat  servand 

Ro  :    DUNBLANEN 

My  Lord,  I  delivered  to  Bishop  Drummond  my  successor  to  Brichan 
(who  dyed  in  your  lordships  family)  a  manuscript  thick  booke  relaiting  to 


302  THE    SPALDING   CLUB    MISCELLANY.  [^ITOl. 

the  interest  and  rights  of  that  bishopricke  :  it  war  necessary  that  booke  be 
preserved. 

To  the  Right  Honourable 
The  Earl  of  Erroll. 


ANDREW    FLETCHER    OF    SALTOUN    TO    CHARLES    THIRTEENTH 
EARL    OF    ERROLL. 

Edinburgh  Wedensday 
My  Lord 

I  told  you  always  that  you  keept  ill  company,  but  'twas  to  no  purpos. 
And  now  you  see  the  fruits  of  it.  'Tis  not  R.  Mory's  I  mean  when  I  say 
so.  As  for  that  affair  we  can  not  understand  the  J.  C.'s  civility  if 
the  D.  of  M.  was  ignorant  of  the  orders  from  S.  H.  nor  can  any  body 
but  I  understand  the  D.'s  hospitality  etc.  faith  if  he  did.  Your  man  tells 
me  that  you  are  not  to  come  to  town,  tho  you  made  me  hope  that 
the  first  time  you  came  south  I  should  have  the  honor  to  see  you  at 
Salton ;  but  it  seems  the  town  is  so  near  the  castel,  and  S.  so  near  the  J. 
C.  I  would  have  waited  upon  you,  and  the  noble  lord  with  whom  you 
are,  but  that  your  man  tells  me  that  at  two  a  cloake  you  go  for  Kinel ; 
and  that  I  do  not  care  to  be  involved  in  the  appearances  of  a  plot  which 
I  belive  some  people  are  as  industriously  seeking,  as  by  goings  and 
comeings  among  such  considerable  men  in  the  country  (which  makes 
always  great  noise)  you  are  affording  them  the  pretences.     I  am 

My  lord 
Your  lordships  most  obliged  and  humble  servant 

A  Fletcher 
To  the  I'ight  honourable 
The  Earle  of  Errol 
Lord  High  Constable  of  Scotland. 


THE   ERROLL    PAPERS.  303 


iV.    (ttijartcrs  anti  IHiscf llancous  liapers. 
I. 

CARTA   REGIS   WILLELMI  DE   HEROL  • 

•  Willelmus  •  Dei  gracia  Rex  Scottorum  •  episcopis  •  abbatibus  •  coraiti- 
bus  •  baronibus  •  justiciariis  •  vicecomitibus  •  et  omnibus  probis  horainibus 
tocius  terra  sue  clericis  et  laicis  •  Salutem  •  Sciant  presentes  et  futuri  me  de- 
disse  et  concessisse  et  hac  carta  mea  confirmasse  •  Willelmo  de  Haia  •  He- 
rol  •  per  suas  diuisas  rectas  •  cum  omnibus  iustis  pertinenciis  suis  •  in  boscho 
et  piano  •  pratis  et  pascuis  •  moris  et  maresiis  •  aquis  et  piscariis  •  stagnis 
et  molendinis  -  et  ceteris  aliis  iustis  pertinenciis  •  Tenendam  sibi  et  heredi- 
bus  suis  de  me  et  de  heredibus  meis  •  in  feudo  et  hereditate  •  libere  et  quiete  • 
plenarie  et  honorifice  •  Cum  socco  et  sacca  •  cum  tol  •  et  them  •  et  infan- 
genthef  ■  per  seruicium  duorum  railitum  •  Quare  uolo  et  firmiter  precipio  •  vt 
predictus  Willelmus  et  heredes  sui  prenominatam  terram  teneant  et  pos- 
sideant  •  de  me  et  de  heredibus  meis  •  ita  libere  •  et  quiete  •  et  honorifice  • 
et  plenarie  •  sicut  alii  barones  mei  liberius  •  et  quiecius  •  et  honorificencius 
feuda  sua  de  me  tenent  ■  Teste  David  fratre  meo  et  hoc  idem  concedente  • 
Testibus  •  Hugone    episcopo  Sancti  Andree  ■   Comite   Waldeuo  •  Comite 
Dunecano  •  Comite    Gileberto  •  Comite    Malcolmo  •  Ricardo    de   Moruill 
constabulario  •  Alano    dapifero  •  Waltero  Olifard  •  Roberto   de    Quinci  • 
Johanne  de  Vallibus  •  Waltero  de  Berkelai  •  Roberto  de  Berkelai  •  Radulfo 
D  . . . .  Ricardo  de    Munfichet  •  Roberto   de  Landeles  •  Hugone  Ridel  - 
Philippo  de  Valoniis  •  Roberto  de  Bosevill  •  Apud  Cloynin  - 


CARTA   REGIS   WILLELMI    DE    THOFTO    IN    FORFAR  • 

•  Willelmus  •  Dei  gracia  Rex    Scottorum  •  Omnibus  probis  hominibus 
tocius  terre  sue  clericis  et  laicis  •  Salutem  •  Sciant  presentes  et  futuri  me 

•2   Q 


304  THE    SPALDING   CLUB    MISCELLANY. 

dedisse  •  et  concessisse  et  hac  carta  mea  confirmasse  Willelmo  de  Haia 
unum  plenarium  thoftum  in  burgo  meo  de  Forfar  ■  Tenendum  sibi  et  here- 
dibus  suis  de  me  et  heredibus  meis  in  feudo  et  bereditate  •  ita  libere  quiete  • 
plenarie  •  et  honorifice  •  sicut  aliquis  baronum  meorum  aliquid  tboftum  in 
aliquo  burgorum  meorum  •  liberius  •  quiecius  ■  plenius  •  et  honorificencius 
tenet  et  possidet  ■  Testibus  •  Hugone  cancellario  meo  -  A  .  abbate  de  Dun- 
t'ermelyn  •  Willelmo  de  Ueteri  Ponte  •  Willelmo  Cumin  ■  Willelmo  Gif- 
fard  •  Hugone    de  Caledour  •  Herberto  marescallo  meo  •  Apud  Forfar- 


III. 


CONFIRMACIO  REGIS  WILLELMI  SUPER  DONACIONE  WILLELMI 
DE  HAYA  DE  EDIRPOLLIS  • 

Willelmus  Dei  gracia  Rex  Seottorum  ■  Omnibus  probis  hominibus  tocius 
terre  sve  clericis  et  laicis  Salutem  •  Sciant  presentes  et  futuri  me  concessisse 
et  hac  carta  mea  confirmasse  Deo  et  ecclesie  Sancte  Marie  de  Cupre  et 
monachis  ibidem  Deo  seruientibus  et  seruituris  •  donacionem  quam  Willel- 
mus de  Haya  fecit  prenominatis  monachis  de  Cupre  de  terra  de  Ederpoles 
tenendam  in  liberam  et  perpetuam  elemosinam  •  ita  libere  et  quiete  •  ple- 
narie et  honorifice  •  sicut  carta  predict!  Willelmi  testatur  •  Saluo  seruicio 
meo  •  Testibus  •  Jocelino  Glasguensi  episcopo  •  Ricardo  Morauiensi  epis- 
copo  •  Comite  Dunecano  justiciarlo  •  Comite  Gileberto  de  Strahern  • 
Philippo  de  Valoniis  •  Alano  filio  Walteri  dapifero  •  Willelmo  de  Moruill  • 
Bernardo  filio   Briani  •  Willelmo  filio  There  •  A  p  v  d     Stri  ve  1  y  i — I 


J'^ 


IV. 

CARTA  REGIS  WILLELMI  DE  HEROL  - 

Willelmus  •  Dei  gracia  Rex  Seottorum  •  episcopis  •  abbatibus  •  comiti- 
bus  •  baronibus  •  justiciariis  •  vicecomitibus  .  prepositis-  ministris  •  et  omni- 
bus probis  hominibus  tocius  terre  sue  clericis  et  laicis  Salutem  •  Sciant  pre- 


THE    ERROLL    PAPERS.  305 

sentes  et  futuri  me  concessisse  et  hac  carta  mea  confirmasse  •  David  de  Haia 
filio  Willelmi  de  Haia  •  Herol  •  per  rectas  diuisas  suas  et  cum  omnibus 
iustis  pertinenciis  suis  •  Tenendara  sibi  et  heredlbus  suis  de  me  et  heredibus 
meis  in  feudo  et  hereditate  •  in  boscho  et  piano  •  in  terris  et  aquis  •  in  pratis 
et  pascuis  •  in  moris  et  maresiis  •  in  stangnis  et  molendinis  •  in  viuariis  et 
piscariis  •  et  omnibus  aliis  ad  predictam  terram  iuste  pertinentibus  •  Cum 
socco  et  sacca  •  cum  furca  et  fossa  •  cum  tol  •  et  them  •  et  infangenthef  ■ 
libere  et  quiete  plenarie  •  et  honorifice  per  seruicium  duorum  militum  - 
Quare  nolo  et  firmiter  precipio  •  vt  prefatus  David  et  heredes  sui  prenomi- 
natam  terram  de  Herol  •  teneant  •  et  possideant  de  me  et  heredibus  meis  ita 
libere  et  quiete  •  plenarie  •  et  honorifice  •  sicut  alii  barones  mei  feuda  sua 
liberius  •  quiecius  ■  plenius  •  et  honorificencius  tenent  •  et  sicut  carta  mea 
patri  suo  facta  testatur  •  Testibus  ■  Jocelino  Glasguensi  episcopo  •  Hugone 
cancellario  meo  •  Radulfo  -  Waltero  •  capellanis  meis  •  Comite  Patricio  • 
Gomite  Dunecano  •  Willelmo  de  Moruill  constabulario  •  Roberto  de 
Quinci  •  Philippo  de  Valoniis  camerario  •  Alano  filio  Walteri  dapifero  ■ 
David  de  Valoniis  •  Henrico  de  Graham  •  Roberto  de  Landelis  •  Thoma 
Tancard  •  Ada  filio  Gilleberti  •  Willelmo  Flandrensi  •  Thoma  de  Uilla 
Colbani  •  Rogero  de  la  Kerneil  •  Herberto  marescallo  •  Apud  Jedwurde  - 
xvij  •  die  Septembris  • 


CARTA  REGIS  ALEXANDKI  DE  HEROL  • 

Alexander  •  Dei  gracia  Rex  Scottorum  •  episcopis  •  abbatibus  •  comi- 
tibus  •  baronibus  ■  justiciariis  ■  vicecomitibus  ■  prepositis  •  ministris  •  et 
omnibus  probis  hominibus  tocius  terre  sue  •  clericis  ■  et  laicis  •  Salutem  • 
Sciant  presentes  et  futuri  •  me  concessisse  •  et  hac  carta  mea  confirmasse  • 
David  de  Haya  filio  Willelmi  de  Haya  •  Herol  •  per  rectas  diuisas  suas  -  et 
cum  omnibus  iustis  pertinenciis  suis  •  Tenendam  sibi  et  heredibus  suis  •  de 
me  et  heredibus  meis  •  in  fleodo  et  hereditate  •  in  boscho  et  piano  ■  in  terris 
et  aquis  •  in  pratis  et  pascuis  •  in  moris  et  maresiis  •  in  stagnis  et  molen- 
dinis •  in  viuariis  et  piscariis  •  et  omnibus  aliis  ad  predictam  terram  iuste 
pertinentibus  •  cum  socco  et  sacca  •  cum  furca  et  fossa  •  cum  tol  •  et  them  . 


306  THE    SPALDING   CLUB    MISCELLANY. 

et  infanganethef  •  libere  •  et  quiete  •  plenarie  et  honorifice  •  per  seruicium 
duorum  militum  •  Quare  volo  et  firmiter  precipio  •  vt  prefatus  David  et 
heredes  sui  prenominatam  terrain  de  Herol  •  teneant  et  possideant  •  de 
me  et  heredibus  meis  •  ita  libere  et  quiete  plenarie  et  honorifice  •  sicut  alii 
harones  mei  feoda  sua  liberius  et  quiecius  •  plenius  et  honorificencius 
tenent  •  et  sicut  carta  domini  Regis  Willelmi  patris  mei  inde  facta  Wil- 
lelmo  de  Haya  •  patri  predicti  David  •  et  confirmacio  eiusdem  domini 
Regis  inde  facta  eidem  David  de  Haya  •  testantur  ■  Testibus  •  Willelmo 
de  Boscbo  cancellario  meo  •  Willelmo  de  Valoniis  camerario  meo  •  Philippo 
de  Mubray  •  Willelmo  de  Munifichet  •  Johanne  de  Morauia  •  Waltero 
Cumyn  •  Roberto  de  Saincler  •  Apud  Cloinyn  •  Quinto  die  Marcii  • 


CONFIRMACIO   COMPOSICIONIS  SUPER   TERRA    DE    ECCLES- 
DOUENAUIN   ET  ECCLESIA  DE  EROL  • 

Alexander  ■  Dei  gracia  Rex  Scottorum  •  Omnibus  probis  hominibus 
tocius  terre  sue  •  clericis  et  laicis  •  Salutem  •  Sciant  presentes  et  futuri 
me  concessisse  •  et  hac  carta  mea  confirmasse  •  amicabilem  composicionem 
factam  apud  Forfar  •  in  presencia  domini  Regis  Willelmi  patris  mei  •  et 
in  plena  curia  sua  •  inter  Willelmum  episcopum  Sancti  Andree  •  et  David 
de  Haya  •  super  controuersiis  que  uertebantur  inter  eog  super  terra  de 
Ecclesdouenauin  •  et  iure  patronatus  ecclesie  de  Erol  •  Quare  volo  et 
firmiter  precipio  •  vt  predicta  amicabilis  composicio  sicut  inter  eos  facta 
est  •  firmiter  teneatur  •  et  inuiolabiliter  obseruetur  •  sicut  cyrographum 
inter  eos  inde  factum  •  et  confirmacio  domini  Regis  Willelmi  inde  facta 
predicto  David  de  Haya  testantur  •  Saluo  seruicio  meo  de  predicta  terra  ■ 
Testibus  •  Willelmo  de  Boscho  cancellario  meo  •  Willelmo  de  Valoniis 
camerario  meo  •  Philippo  de  Mubray  •  Willelmo  de  Munifichet  •  Galfrido 
filio  Ricardi  •  Johanne  de  Morauia  •  Waltero  Cumin  •  Roberto  de  Sain- 
cler •   Apud  Cloinyn  ■  V"  •  die  Marcii  • 


THE    ERROLL    PAPERS.  307 

VII. 

CARTA    DAUID    DE    HAYA    MONACHIS   DE    CUPRE    CONCESSA  ■ 

Omnibus  sancte  matris  ecclesie  filiis  hanc  cartam  visuris  uel  audituris 
preseiitibus  et  futuris  •  Dauid  de  Haya  salutem  in  Domino  •  Nouerit  vni- 
uersitas  uestra  me  pro  anima  pie  memorie  Regis  Willielmi  ■  et  pro  anima 
Willielmi  de  Haia  patris  mei  •  et  Ethue  sponse  [eius]  •  et  pro  salute  anime 
mee  •  ct  Elene  uxoris  mee  •  et  heredura  meorum  et  omnium  antecessorum  et 
successorum  meorum  •  voluntate  et  consensu  Gilleberti  heredis  mei  •  dedisse 
concessisse  et  hac  mea  carta  confirmasse  Deo  et  ecclesie  Beate  Marie  de 
Cupre  ■  et  monachis  ibidem  Deo  seruieutibus  •  Vnum  rete  super  matricem 
aquam  de  Thei  •  ubi  melius  elegerint  et  sibi  utilius  iudicauerint  ■  quocies- 
cunque  et  ubicunque  cum  predicto  reti  piscari  voluerunt  inter  Lornyn  et 
diuisam  Randulfi  de  Haya  •  Et  hereniitagium  integre  quod  Gillecmichel 
quondam  Heremita  tenuit  •  cum  tribus  acris  terre  iuxta  idem  heremitagium 
iacentibus  •  et  cum  omnibus  aisiamentis  quibus  dictus  Heremita  circa  here- 
mitagium usus  est  •  Et  vnum  chair  ad  retractum  supra  predictam  aquam  et 
infra  predictos  limites  ubi  sibi  magis  expedire  viderint  ■  Saluis  piscariis 
meis  ■  scilicet  •  chairis  meis  •  Hanc  autem  donacionem  ego  et  heredes  mei 
warantizabimus  contra  omnes  homines  predictis  monachis  .  Tenendam  de 
me  et  heredibus  meis  in  puram  et  perpetuam  elimosinam  •  ita  libere  et 
quiete  ■  plenarie  et  honorifice  •  sicut  aliqua  elimosina  in  regno  Scocie  libe- 
rius  quiecius  plenius  et  honorificencius  •  aliquibus  uiris  religiosis  data  • 
tenetur  uel  possidetur  •  Hiis  testibus  •  Roberto  et  Malcolmo  fratribus  meis  ■ 
Andrea  persona  de  Inchethor  •  Thoma  Givan  milite  •  Thoma  clerico  de 
Ardinch  •  Balduino  de  Lornyn  •  Ada  Walleis  •  Ada  de  Kamerun  et 
multis  aliis  • 


VIII. 

CARTA  REGIS  ALEXANDRI  DE  DRONLAY  ■ 

Alexander   Dei   gracia    Rex    Scottorum  •  Omnibus    probis    hominibus 
tocius  terre  sue  Salutem  •  Sciatis  nos  concessisse  et  hac  carta  nostra  con- 


308  THE    SPALDING    CLUB    MISCELLANY. 

firmasse  donacionem  illatn  quam  Willelmus  comes  de  Mar  fecit  Gilberto 
de  Haya  de  tota  terra  sua  de  Drunlav  •  Tenendam  et  habendam  predicto 
Gilberto  et  heredibus  suis  de  prefato  comite  et  heredibus  suis  adeo  libera  • 
quiete  •  plenarie  et  honorifice  •  sicut  carta  dicti  comitis  predicto  Gilberto 
exinde  confecta  plenius  iuste  testatur  •  Saluo  seruicio  nostro  •  Testibus  - 
W  •  Cumyn  comite  de  Meneteth  •  Alano  Hostiario  justiciario  Scocie  • 
Johanne  de  Bayol  et  Roberto  de  Meyners  camerario  •  Apud  Schon  ■ 
vicesimo  sexto  •  die  Julij  •  Anno  regni  domini  Regis  tercio  • 


IX. 

CONUENCTO  INTER  ABBATEM  DE  SANCTA  CRUCE  ET  DOMINUM 
GILBERTUM  DE  HAYA  SUPER  TERRA  IN  UILLA  DE  EGLIS- 
BANYN  • 

Anno  gracie  •  m  •  cc  •  Iviij  •  ad  Pentecosten  ita  conuenit  inter  Radul- 
fum  Dei  gracia  Abbatera  de  Sancta  Cruce  et  eiusdem  loci  conuentum  ex 
vna  parte  •  et  dominum  Gilbertum  de  Haya  militem  ex  altera  •  videlicet  • 
Quod  dicti  Abbas  et  conuentus  dimiserunt  ad  feudofirmam  dicto  Gilberto 
totam  terram  suam  cum  piscaria  quas  habent  in  villa  de  Egclisbanyn  ex  dono 
domini  David  quondam  patris  dicti  Gilbert!  •  Tenendam  et  habendam  sibi 
et  heredibus  suis  ut  dictum  est  ad  feudofirmam  in  perpetuum  •  Reddendo 
singulis  annis  dictis  abbati  et  conuentui  dimidiam  marcam  argenti  ad  Pente- 
costen •  et  notandum  quod  si  contigerit  abbatem  pro  defectu  solucionis 
aliquem  nuncium  ibidem  mittere  dictus  Gilbertus  uel  heredes  sui  dicto 
nuncio  eundo  et  redeundo  in  expensis  respondebunt  •  In  cuius  testimonium 
vni  parti  istius  scripti  in  modum  cirograffi  confecti  sigillum  eorum  conuen- 
tuale  est  appensum  •  alteri  uero  sigillum  domini  Gilberti  apponitur  • 


X. 

DE  ROSSICLERACH  ■ 

Omnibus   presens    scriptum    visuris    uel   audituris    Johannes    de    Inch- 
esirych   eternam   in    Domino    salutem   •    Nouerit    vniuersitas    vestra    me 


THE    ERROLI,    PAPERS.  309 

dedisse  concessisse  et  hac  presenti  carta  mea  contirmasse  Domino  Gil- 
berto  de  Haya  et  heredibus  suis  uel  eorum  assignatis  totum  ius  meum 
et  dominium  que  babui  uel  habere  potui  in  tota  terra  de  Rosinclerach  cum 
omnibus  pertinenciis  •  scilicet  •  in  redditibus  •  homagiis  •  wardis  ■  releuiis  ■ 
eschaetis  et  in  omnibus  aliis  libertatibus  que  mihi  uel  heredibus  meis 
aliquo  tempore  aliquo  casu  accidere  poterint  •  Tenendum  et  habendum 
de  me  et  heredibus  meis  sibi  et  heredibus  suis  uel  eorum  assignatis  • 
libere  •  quiete  •  honorifice  •  et  plenarie  in  omnibus  et  per  omnia  sicut 
scriptum  est  •  Reddendo  inde  annuatim  michi  et  heredibus  meis  vnam 
libram  cvmini  uel  duos  denarios  ad  Assumpcionem  Beate  Marie  Virginis 
pro  omni  seruicio  •  consuetudine  exaccione  et  demanda  et  pro  omnimodis 
auxiliis  ad  me  uel  heredes  meos  pertinentibus  •  Ego  vero  Johannes  et 
heredes  mei  omnia  superius  scripta  sicut  prenotatum  est  predicto  domino 
Gilberto  et  heredibus  suis  uel  eorum  assignatis  contra  omnes  homines  et 
feminas  warantizabimus  acquietabimus  et  defendemus  in  perpetuum  •  Hiis 
testibus  •  Domino  Willelmo  comite  de  Marr  •  Domino  Halano  Hostiario  • 
Domino  Malcolmo  de  Morauia  •  Domino  Johanne  Cambruyn  •  Domino 
Alexandre  de  Inchemartin  ■  Domino  Willelmo  de  Haya  •  Domino  Johanne 
de  Fentuyn  ■  Domino  Matheo  de  Muncrephe  militibus  et  aliis  • 


XI. 

DE  ACHEMORE  ■ 

Omnibus  hoc  scriptum  visuris  vel  audituris  •  Rogerus  filius  Baudrys 
salutem  in  Domino  •  Noueritis  me  in  magna  et  vrgentissima  neccessitate 
mea  propter  vite  mee  sustentacionem  vendidisse  domino  meo  Nicholao 
de  Haya  pro  quadam  summa  pecunie  quam  mihi  pro  manibus  pacauit 
illam  particulam  terre  mee  in  territorio  de  Achemor  •  que  iacet  inter 
illam  acram  terre  que  pertinet  ad  molendinum  de  Achemor  ex  occidentali 
parte  •  et  bouatam  illam  terre  quam  dedi  abbati  et  conuentuj  de  Cupro 
caritatiue  •  Tenendam  et  habendam  dicto  domino  meo  Nicholao  et  here- 
dibus suis  a  me  et  heredibus  meis  in  perpetuum  •  Ita  videlicet  quod  ego 
et  heredes  mei  liberi  erimus  et  quieti  ab  omnibus  seruiciis  et  demandis 
que  a  predicto  domino  meo  Nicholao  et  heredibus  suis  racione  dicte  terre 


310  THE    SPALDING   CLUB    MISCELLANY. 

vendite  exigi  poterunt  vel  exigi  consueuerunt  •  excepto  •  quod  de  cera  annua 
scilicet  de  duabus  petris  cere  quam  ego  antecessoribus  dicti  Nicholai 
annuatim  reddere  consueui  •  de  cetero  ego  et  heredes  mei  dicto  domino 
ineo  Nicholao  et  suis  heredibus  respondebimus  in  perpetuum  •  In  cuius 
i-ei  testimonium  presenti  scripto  sigillum  meum  apposuj  •  Testibus  • 
Domino  Thoma  Dei  gracia  Abbate  de  Lundoris  •  et  Domino  Johanne 
eiusdem  loci  priore  •  Dominis  Johanne  de  Fentun  et  Willelmo  de  Haya 
militibus  •  Roberto  de  Haya  •  Malcolmo  senescallo  et  aliis  ■ 


XII. 
DE    LE    GALUFLATIS  • 

Omnibus  banc  cartam  visuris  uel  audituris  Johannes  de  Hynches 
eternam  in  Domino  salutem  •  Nouerit  vniuersitas  vestra  me  per  assensum 
et  consensum  David  fratris  mei  dedisse  concescisse  et  quietum  clamasse 
et  hac  carte  mea  confirmasse  domino  Nichol  de  Haya  et  heredibus 
suis  de  me  et  heredibus  totam  terram  meam  de  Galuflat  in  tenemento  de 
Erole  quam  tenui  de  dicto  domino  Nichol  per  cartam  quam  reddidi 
dicto  domino  Nichol  cum  toto  iure  meo  quod  habui  uel  habere  potero 
in  dicta  terra  de  Galuflat  .  Tenendam  et  habendam  dicto  domino  Nichol 
et  heredibus  suis  adeo  libere  quiete  pacifice  et  honorifice  sicut  ego  dictam 
terram  de  dicto  domino  Nichol  tenui  uel  possedi  •  In  cuius  rei  testimo- 
nium presenti  carte  sigillum  meum  vna  cum  sigillo  David  fratris  mei  est 
appositum  ■  Hiis  testibus  Domino  Nichol  Dei  gracia  Abbate  de  Lundors  • 
Domino  Laurencio  rectore  ecclesie  de  Sancto  Madoco  •  Domino  M  ■  rec- 
tore  ecclesie  de  Erole  •  Domino  Waltero  de  Montefixo  •  Domino  J  •  capel- 
lano  •  et  multis  aliis  • 


XIII. 

DE  MONYECHY • 

Omnibus  banc  cartam  visuris  uel  audituris  Emma  filia  quondam  Roberti 
Byboyis  eternam  in  Domino  salutem  ■  Noueritis  me  pro  me  et  heredibus 


THE    ERROLL    PAPERS.  311 

meis  dedisse  concessisse  ac  quietum  clamasse  domino  Nicholao  de  Haya 
domino  de  Eroll  totam  partem  meam  cum  pertinenciis  me  contingentem 
hereditaria  seu  me  contingere  valentem  tocius  terre  de  Monyecky  in  poste- 
rum  •  pro  suo  subsidio  et  honesta  sustentacione  michi  exhibitis  in  arcta  mea 
necessitate  •  Tenendam  et  habendam  sibi  et  heredibus  suis  de  domino  Rege 
Scocie  et  heredibus  eiusdem  adeo  libere  •  et  quiete  •  plene  •  et  honorifice 
sicut  ego  aut  antesessores  mei  dictam  terram  tenuimus  et  possidebamus  • 
faciendo  inde  ipse  et  heredes  sui  debita  seruicia  et  consueta  que  de  dicta 
terra  fieri  solebant  seu  reddi  •  In  cuius  rei  testimonium  presentem  cartam 
munimine  inpressionis  sigilli  mei  roboraui  •  Hiis  testibus  dominis  Alex- 
andre de  Lambertoun  tunc  vicecomite  de  Forfar  •  Roberto  de  Betoun  •  et 
David  de  Betoun  •  militibus  •  Henrico  de  Prestoun  •  Johanne  de  Adloht  • 
Laurencio  de  Lecachv  •  Roberto  Dog  ■  etaliis- 


DE  INCHESIRECH   • 

Omnibus  banc  cartam  visuris  uel  audituris  ■  Willelmus  de  Fentoun  • 
miles  •  eternam  in  Domino  salutem  •  Noueritis  me  dedisse  concessisse  et 
hac  presenti  carta  mea  confirmasse  domino  Nichol  de  Haya  •  domino  de 
Erol  •  duos  toftos  •  et  duas  acras  terre  •  cum  piscaria  vnius  retis  super 
aquam  de  Tay  •  apud  Inchesyrech  •  quas  quidem  duas  acras  terre  •  cum 
duobus  toftis  •  et  piscaria  •  quondam  Johannes  de  Inchesyrech  dedit  quon- 
dam domino  Johanni  de  Fentoun  patri  meo  •  et  heredibus  suis  •  Dedi 
eciam  et  concessi  •  et  hac  presenti  carta  mea  confirmaui  •  eidem  domino 
Nichol  de  Haya  domino  de  Erol  •  viginti  et  duos  solidos  •  annul  red- 
ditus  in  denariis  •  quos  quondam  pater  meus  et  ego  recipere  solebamus  et 
debebamus  de  dicto  quondam  Johanne  de  Inchesyrech  et  heredibus  suis 
singulis  annis  •  in  terra  que  vocatur  •  Galuflat  •  Tenendas  et  habendas 
predictas  duas  acras  terre  •  cum  duobus  toftis  et  piscariam  •  cum  dictis 
viginti  et  duobus  solidis  •  cum  omnibus  iustis  pertinenciis  suis  •  et  aysia- 
mentis  •  predicto  domino  Nichol  de  Haya  domino  de  Erol  •  et  heredibus 
suis  •  de  dominis  capitalibus  de  Inchesyrech  •  qui  pro  tempore  fuerint  • 
adeo  libere  •  et  quiete  •  plenarie  ■  et  honorifice  sicut  quondam  pater  meus 
uel  ego   dictas   duas    acras  terre  •  cum  duobus  toftis  •  et  piscariam   cum 

2r 


312  THE    SPALDING    CLUB    MISCELLANY. 

dictis  viginti  et  duobus  solidis  •  aliquo  tempore  tenuimus  et  possedemus  • 
Et  ut  hec  mea  donacio  et  concessio  perpetuum  robur  optineat  presentem 
cartam  sigilli  mei  munimine  roboraui  •  Hiis  testibus  •  dominis  Radulpho 
de  Lascellis  •  Johanne  de  Haya  •  Roberto  de  Haya  •  militibus  •  Gilberto 
de  Haya  •  Willelmo  de  Vallibus  •  et  multis  aliis  • 


DE  KYNSPINEDY  • 

Omnibus  hoc  scriptum  visuris  uel  audituris  Malcolmus  de  Kinspinedy 
filius  et  heres  Radulphi  de  Kinspinedy  salutem  in  Domino  sempiternam  • 
Nouerit  vniuersitas  vestra  me  dedisse  concessisse  •  et  hac  presenti  carta 
mea  confirmasse  •  Domino  Nicholao  de  Haya  militi  domino  de  Erole 
totam  terram  meam  de  Kynspinedy  •  cum  omnibus  pertinenciis  •  iuribus  • 
libertatibus  •  et  aysiaraentis  •  Tenendam  et  habendam  predicto  domino 
Nicholao  et  heredibus  suis  •  de  venerabile  patre  domino  meo  capitale  Do- 
mino Willelmo  Fraser  Dei  gracia  episcopo  Sancti  Andree  •  et  suis  suc- 
cessoribus  .  .  .  Faciendo 

inde  forinsecum  seruicium  •  et  omnia  alia  seruicia  debita  et  consueta  que 
pertinent  ad  dictam  terram  •  Et  reddendo  annuatim  ipse  dictus  dominus 
Nicholaus  et  heredes  sui  predicto  domino  episcopo  et  suis  successoribus 
pro  dicta   terra    quindecim   solidos    argenti  •  pro    omnibus   aliis    seruiciis 

Hiis  testibus  ■ 
dominis  Henrico  de  Dundemor  •  Johanne  de  Morauia  •  Radulpho  de 
Lascelis  militibus  •  dominis  Petro  de  Campanya  •  Ricardo  de  Tyning- 
ham  •  Hugone  de  Selkirk  •  clericis  ■  Hugone  de  Louchoris  tunc  vice- 
coniite  de  FifFe  •  Johanne  de  Balcasky  •  Willelmo  de  Abircrorabyn  • 
Johanne  de  Camboc  •  Hugone  de  Haya  •  Alexandro  de  Lambirton  • 
Galphrido  de  Forscley  •  et  multis  aliis  • 


XVI. 
DE  DRONLAUY  • 

Omnibus   hoc    scriptum   visuris    uel   audituris  •  Douenaldus   comes   de 
Marr  salutem  in  Domino  -  Nouerit  vniuersitas  uestra  me  dedisse  •  conces- 


THE    ERROLL    PAPERS.  313 

sisse  et  hac  carta  mea  confirmasse  •  domino  Nicholao  de  Haya  consan- 
guineo  meo  pro  homagio  et  seruicio  suo  totara  terrain  meam  in  tenemento 
de  Dorlaw  •  quam  dominus  Willelmus  pater  mens  quondam  dedit  domino 
Roberto  Boyrn  sine  aliquo  retenemento  •  Tenendam  et  habendam  predicto 
domino  Nicholao  et  heredibus  et  heredibus  suis  de  me  et  heredibus  meis 
in  feodo  et  hereditate  per  easdem  diuisas  •  per  quas  dictus  dominus  Robertas 
Boyrn  dictam  terram  tenuit  et  possedit  cum  omnibus  iustis  pertinenciis 
suis  •  in  bosco  •  et  piano  ■  in  pratis  •  et  pascuis  •  in  moris  •  et  maresiis  • 
in  stagnis  et  molendenis  •  in  lacubus  •  et  piscariis  •  in  viis  •  et  semitis  •  et 
cum  omnibus  libertatibus  et  aysiamentis  ad  predictam  terram  iuste  pertinen- 
tibus  uel  pertinere  ualentibus  adeo  libere  •  et  quiete  •  pacifice  •  et  plenarie  ■ 
ac  honorifice  •  sicut  aliquis  comes  alicui  militi  aliquam  terram  •  liberius  • 
quiecius  dare  poterit  in  regno  Scocie  •  Faciendo  inde  ipse  et  heredes  sui  de 
dicta  terra  •  forinsecum  seruicium  domini  Regis  in  exercitu  Scoticano  quan- 
tum pertinet  ad  tantam  terram  pro  omni  seruicio  exaccione  et  demanda  • 
Ego  uero  Douenaldus  comes  de  Marr  et  heredes  mei  dicto  domino  Nicholao 
et  heredibus  suis  predictam  terram  contra  omnes  homines  et  feminas  inper- 
petuum  warantizabimus  et  defendemus  •  Hiis  testibus  •  venerabilibus  patri- 
bus  dominis  Hugone  et  Andrea  de  Scona  et  de  Cupro  abbatibus  ■  domi- 
nis  •  Michaele  Scoto  •  Willelrao  de  Haya  de  Lochweru  ■  Ada  de  Retref  • 
et  Willelmo  Gurlay  militibus  •  Dauid  de  Rothenach  -  Willelmo  Brun  et 
multis  aliis  • 


XVII. 

DE    VARENA    LIBERA    OMNIUM    TERRARUM  • 

Johannes  Dei  gracia  Rex  Scotorum  omnibus  probis  hominibus  tocius 
terre  sue  salutem  •  Sciatis  quod  concessimus  Nicholao  de  Haia  militi  vt 
ipse  et  heredes  sui  habeant  et  teneant  terras  suas  •  de  Erol  •  Inchesirech  . 
Kinspinedi  •  Dronlawe  .  Pethponti  •  Gaskingrai  et  de  Fossewy  •  in  liberam 
warrennam  •  Quare  firmiter  prohibemus  ne  quis  in  eisdem  terris  sine  li- 
cencia  ipsius  Nicolai  aut  heredum  suorum  •  speciali  •  secet  •  aucupet  •  aut 
venetur  super  nostram  plenariam  forisfacturam  •  In  cuius  rei  testimonium 
presentibus   sigillum   nostrum  apponi  fecimus  •  Testibus  Johanne  Comin 


314  THE    SPALDING    CLUB    MISCELLANY. 

comite  de  Bouhan  et  constabulario  Scocie  •  Johanne  Coniin  •  Alexaudro 
de  Balliolo  camerario  Scocie  •  Patricio  de  Graham  •  Johanne  de  Soules  ■ 
et  Waltero  de  Lindesei  •  militibus  •  Apud  Lundors  primo  die  Augusti  • 
Anno  reofni  nostri  secundo  • 


PRECEPTUM  SAYSINE   TERRE    DE    RASAW   DOMINO    NICHOLAO    DE 
HAYA  . 

Johannes  Cumyn  Comes  de  Buchan  et  Constabularius  Scocie  Henrico 
de  Prestoun  dilecto  et  fideli  balliuo  suo  de  Heryoth  salutem  •  Quia  dominum 
Nicholaum  de  Haya  •  dominum  de  Erol  dilectum  consanguineum  nostrum  • 
in  viginti  marcatis  terre  hereditaria  in  terris  de  Garwocc  •  et  Leuedeseth  in 
tenemento  de  Heryoth  infeodauimus  •  quas  sibi  minus  debere  sufficere  con- 
sideramus  •  volentes  igitur  illam  donacionem  nostram  eidem  augmentare  • 
tibi  firmiter  mandamus  et  precipimus  quatenus  saysinam  terre  de  Rasaw 
eidem  domino  Nichalao  faciatis  et  eundem  in  possessionem  eiusdem  ponatis 
ita  quod  habeat  viginti  libratas  terre  •  secundum  tenorem  carte  nostra  quam 
habet  super  hoc  de  nobis  •  In  cuius  rei  testimonium  has  literas  nostras  tibi 
mittimus  patantes  •  Datum  apud  Abbathiam  de  Dulci  Corde  in  Galwyidia 
proximo  die  Veneris  post  Dominicam  qua  cantatur  Quasi  modo  (jeniti  ■ 
Anno  gracie  m°  •  cc°  •  Nonagesirao  sexto  • 


XIX. 

CARTA    DAUID    DE    INCHESYRECH    DE    ROSSYCLERACH  • 

Omnibus  banc  cartam  visuris  ual  audituris  Dauid  de  Inchasyrech  frater 
quondam  Johannis  de  Inchesreych  /  salutem  in  Domino  sempitarnam  •  No- 
ueritis  me  relaxasse  et  omnino  quietum  clamasse  pro  me  et  heredibus  meis 
in  perpetuum  domino  Nicholao  de  Haya  domino  de  Erol  et  heredibus  suis 
uel  assignatis  •  totum  ins  et  clameum  quod  unquam  habui  uel  quod  unquam 


THE    ERROLL    PAPERS.  315 

habere  potui  in  toto  tenemento  de  Rossyclerach  cuiu  pertinenciis 

In  cuius  rei  testi- 
monium presenti  carte  sigillum  raeum  apposui  •  Hiis  testibus  •  domino  • 
A  •  Dei  gracia  abbate  de  Cupre  •  dominis  Roberto  de  Cambrun  de  Bal- 
gligirnauch  •  Radulpho  de  Lasceles  et  Roberto  de  Haya  militibus  •  do- 
mino Mauricio  rectore  ecclesie  de  Erol  •  Johanne  de  Incheraartyn  • 
Willelrao  de  Monte  Fixo  et  niultis  aliis  • 


XX. 

CONUENCIO  FACTA  DE  CERTIS  DEBITIS  RECUPERANDIS  •  INTER 
DOMINUM  NICHOLAUM  DE  HAY  •  ET  WiLLELMUM  ALD  BUR- 
GENSEM  DE  PERTH- 

Anno  gracie  m°  ccC  •  secundo  ■  die  Dominica  in  octavis  Sancti  Martini  • 
Apud  Dronlav  facta  est  hec  conuencio  inter  dominum  Nicholaum  de 
Haya  dominum  de  Eroll  ex  parte  vna  et  Willelmum  dictum  Aid  iiliuni 
quondam  Johannis  dicti  Aid  burgensem  de  Perth  ex  altera  •  videlicet  quod 
ipse  dominus  Nicholaus  interponet  curam  suam  et  diligenciam  necnon  fidele 
suum  posse  dabit  et  consilium  eidem  Willelmo  ad  perquirendum  et  extor- 
quendum  de  suis  debitoribus  debita  que  dicto  quondam  Johanni  Aid  et 
eidem  Willelmo  racione  eiusdem  debentur  •  ita  quod  ipse  dominus  Nicho- 
laus precipiet  et  habebit  pro  auxilio  suo  et  labore  tam  terciam  partem  om- 
nium dictorum  debitorum  de  dictis  debitoribus  recuperatorum  sen  recuper- 
andorum  quam  terciam  partem  tocius  debiti  in  quo  dictus  dominus  Nicho- 
laus eisdem  quondam  Johanni  et  Willelmo  dicto  Aid  aliquatenus  tenetur  • 
Et  si  contingat  quod  per  mortem  seu  paupertatem  aliquorum  debitorum 
dicta  debita  integre  nequeant  recuperari  nee  de  dictis  extorqueri  debitoribus 
propter  quod  dictus  dominus  Nicholaus  totam  terciam  partem  dictorum  de- 
bitorum sibi  in  forma  prescripta  fideliter  promissam  recuperare  seu  habere 
non  poterit  •  dictus  Willelmus  uult  ■  concedit  •  et  fideliter  promittit  pro-  se 
heredibus  suis  et  suis  exsequitoribus  quod  dictus  dominus  Nicholaus  racion- 
abilem  habeat  allocacionem  in  duabus  partibus  tocius  debiti  in  quo  dicto 
defuncto  et  Willelmo  filio  eiusdem  tenetur  pro  suo  auxilio  et  labore  iuxta 
visum  fidedignorum  ■  Et  vt  ista  omnia  et  singula  in  omnibus  obseruentur 


316  THE    SPALDING   CLUB    MISCELLANY. 

partes  hinc  inde  fidem  prestiterunt  corporalem  •  Et  insuper  ipse  Willelmus 
subponit  se  iurisdictioni  et  cohercioni  domini  Episcopi  Sancti  Andrea  et 
suorum  officialium  qui  pro  tempore  fuerint  qui  possint  ipsum  Willelraum 
sine  cause  quo  .  .  cione  seu  strepitu  judiciali  per  censuram  ecclesiasti- 
cam  et  per  sentenciam  excommunicacionis  de  die  in  diem  agrauare  si  contra 
istam  conuencionem  in  toto  uel  in  aliquo  articulo  contingat  ipsum  deuenire  ■ 
verumtamen  dictus  dominus  NicViolaus  uult  concedit  et  fideliter  promittit 
quod  obligacione  premissa  non  obstante  dictus  Willelmus  et  omnes  sibi  ad- 
herentes  quieti  sint  et  absoluti  in  posterum  erga  dictum  dominum  Nicho- 
laum  et  sibi  adherentes  si  ipse  dominus  Nicholaus  in  prosequcione  nego- 
ciorum  dicti  Willelmi  vt  premissum  est  tepidus  uel  remissus  debitis  tempo- 
ribus  aut  contradicens  inueniatur  •  In  cuius  rei  testimonium  parti  istius 
scripti  penes  dictum  dominum  Nicholaum  residenti  ad  procuracionem  dicti 
Willelmi  vna  cum  sigillo  suo  proprio  appensa  sunt  sigilla  Mariorie  de 
Moncur  domine  de  Rossy  et  Micchaelis  filii  eiusdem  •  parti  vero  residenti 
penes  dictum  Willelmum  appensum  est  sigillum  dicti  domini  Nicholai  • 


XXI. 

PRO  RELEUIO  DOMINI  GILBERTI  DE  LE  HAY  ■ 

Releiff  of  Robertus  Dei  gracia  Rex  Scottorum  /  Omnibus  probis  hominibus  tocius 

Schyr  Gilbert  ^gj-re  sue  •  Salutem  •  Sciatis  quod  de  gracia  nostra  speciali  concessimus 

grantit  be         Gilberto  de    Haia  militi    Constabulario   nostro    Scocie  dilecto    et   fideli  / 

King  Robert    y(-  quandocunque  de  ipso  contigerit  humanitus  /  licite  valeat  condere  testa- 

in  the  fourtene  ,  ,      .  . 

yeir  of  his        mentum  suum  de  releuio  omnuim  terrarum  suarum  nos  contingente  ■  post 

raigne  •  decessum  suum  ita  quod  executores  testamenti  sui  /  de  dicto  releuio  •  liberam 

habeant  administracionem  /  sicut  de  ceteris  bonis  suis  dictum  testamentum 

contingentibus  •  Quare  firmiter    prohibemus    ne  quis  contra  banc  conces- 

sionem    nostram   executores    prefati    Gilberti    aliquatenus    impedire    seu 

vexare  presumat  /  super  nostram   plenariam  forisfacturam  •  In  cuius  rei 

testimonium  has  literas  nostras  sibi  fieri  fecimus  patentes  apud  Dumblan  • 

Octauo  die  Nouembris  /  Anno  regni  nostri  Quartodecimo  • 


THE    ERROLL    PAPERS.  317 


DE  ROSSICLERACH  • 

Omnibus  sancte  matris  ecclesie  filiis  ■  Johannes  Dei  gracia  Prior  Sancti 
Andree  •  et  eiusdem  loci  conuentus  •  Salutem  in  Domino  •  Seiant  pre- 
sentes  et  futuri  •  quod  cum  dudum  Walterus  Prior  Sancti  Andree  •  et 
conuentus  eiusdem  loci  •  dederiut  et  per  cartam  confirmauerint  •  Jacobo 
de  Perth  •  et  heredibus  suis  totam  terram  de  Rossiclerauht  •  cum  omnibus 
suis  iustis  pertinenciis  •  et  libertatibus  et  molendino  •  Tenendam  et  haben- 
dam  •  in  feodo  et  hereditate  sibi  et  heredibus  suis  libere  et  quiete  •  ex 
omni  seruicio  •  consuetudine  et  exaccione  •  Reddendo  inde  annuatim  vnum 
modium  vini  •  ad  festum  Pentecostes  •  Quam  quidem  terram  cum  perti- 
nenciis •  Duncanus  heres  legitimus  ipsius  Jacobi  •  de  expresso  consensu  • 
et  vnanimi  voluntate  prioris  et  conuentus  Sancti  Andree  transtulit  iure 
hereditario  in  dominum  Gilbertum  de  Haya  dominum  de  Erole  et  heredes 
sues  •  Super  quibus  nos  ad  plenum  legitime  certificati  pensata  vtilitate 
ecclesie  nostre  Sancti  Andree  •  habitoque  super  hoc  frequent!  •  diligenti 
et  solempni  tractatu  •  de  vnanimi  consensu  capituli  nostri  •  et  assensu 
reuerendi  patris  ac  domini  nostri  •  Domini  Willelmi  Dei  gracia  episcopi 
nostri  •  dictam  terram  de  Rossiclerauht  ■  cum  omnibus  suis  iustis  perti- 
nenciis •  libertatibus  •  et  aisiamentis  quibuscunque  ad  ipsam  terram  perti- 
nentibus  •  seu  pertinere  valentibus  •  damns  concedimus  et  per  presentem 
cartam  confirmamus  pro  nobis  et  nostris  successoribus  in  perpetuum  in 
feodo  •  et  hereditate  •  domino  Gilberto  de  Haya  filio  Nicholai  de  Haya  ■ 
et  heredibus  suis  •  pro  fidelitate  •  consilio  •  et  auxilio  ■  nobis  •  ecclesie 
nostre  Sancti  Andree  •  et  successoribus  nostris  per  ipsum  et  heredes 
suos  impendendis  in  perpetuum  •  Soluendo  eciam  inde  annuatim  nobis  et 
nostris  successoribus  in  perpetuum  pro  modio  vini  supradicto  •  et  pro 
omnibus  aliis  quibuscunque  exaccionibus  •  et  demandis  •  vnam  marcam 
argenti  tantum  ad  festum  Sancti  Martini  in  yeme  •  Salua  nobis  ecclesia  de 
Rossiclerauht  •  cum  decimis  suis  omnibus  maioribus  •  et  minoribus  •  et  aliis 
juribus  ad  ipsam  ecclesiam  pertinentibus  •  In  cuius  rei  testimonium  sigillum 
commune  capituli  nostri  ■  vna  cum  sigillo  reuerendi  patris  domini  nostri  ■ 
Domini  Willelmi  Dei  gracia  Sancti  Andree  episcopi  •  presenti  carte  est 
appensum  •  Hiis  testibus  •  Domino  Johanne  Dei  gracia  abbate  de  Cupro  • 


318  THE   SPALDING   CLUB    MISCELLANY. 

Domino  Adam  priore  eiusdem  loci  •  magistro  Alexandro  de  Kyninmund 
archidiacono  Laudonie  ■  Dominis  Dauid  de  Bercley  •  vicecomite  de  Fyf  ■ 
Thoma  de  Haya  •  Willelmo  de  Caraboc  •  militibus  •  et  multis  aliis  • 


XXIII. 
.  ROSINCLERACH  ■ 

Omnibus  sancte  niatris  ecclesie  filiis  •  W  •  Dei  gracia  prior  de  Sancto 
Andrea  •  et  conuentus  eiusdem  loci  •  Salutem  •  Sciant  presentes  et  futuri 
nos  dedisse  et  concessesse  •  et  bac  nostra  carta  confirmasse  Jacobo  de  Pert 
et  heredibus  suis  Rossyn  clerahc  cum  omnibus  pertinenciis  •  et  libertatibus 
ad  eandem  uillam  pertinentlbus  •  et  cum  donacione  ecclesie  eiusdem  uille  • 
et  cum  molendino  •  cum  pratis  •  et  pascuis  •  et  omnibus  aisiamentis  que 
ibidem  baberi  possint  •  Tenendam  de  nobis  sibi  et  heredibus  suis  in  feudo 
et  bereditate  libere  et  quiete  ex  omni  seruicio  consuetudine  •  et  exaccione  • 
Reddendo  inde  annuatira  nobis  unum  modiura  uini  ad  Pentecosten  •  His  tes- 
tibus  •  Dunecano  comite  •  Michaele  clerico  •  Odone  sanescaldo  ■  Magistro 
Matheo  •  Roberto  capellano  de  Pert  •    Adam  de  Sireis  •  Sarauele  de  Pert  • 


XXIV. 
DE    ROSSICLERACH  ■ 

•  Willelmus  .  Dei  gracia  Rex  Scottorum  Omnibus  hominibus  tocius  terre 
sue  clericis  et  laicis  salutem  •  Sciant  presentes  et  posteri  me  concessisse  et 
hac  mea  carta  confirmasse  Jacobo  de  Pert  et  heredibus  suis  Rosin  clerac 
cum  omnibus  pertinenciis  et  libertatibus  suis  ad  eandem  uillam  pertinen- 
tlbus •  et  cum  donacione  ecclesie  cum  molendino  cum  pratis  et  pascuis  et 
omnibus  aisiamentis  que  ibidem  baberi  possint  tenendam  sibi  et  heredi- 
bus suis  de  priore  •  W  •  et  conuentu  Sancti  Andree  in  feudo  et  bereditate 
ita  libere  et  quiete  ex  omni  seruicio  et  seruitudine  sicut  carta  prioris  • 
W  •  et  conventus  Sancti  Andree  ei  testatur  et  confirmat  •  Testibus  • 
Hugone  episcopo  •  Dunekano  comite  •  Waltero  de  Berkelai  •  Adam  de 
Syreis Apud  Forfar  . 


1321.]  THE    ERROLL    PAPERS.  319 


XXV. 

ASSEDACIO  DE  TOFFTO  ET  CROFFTO  CUM  PERTINENCIIS  IN  VILLA 
DE  GLESBANY  • 

Hec  est  conuencio  facta  inter  religiosos  viros  dominum  Simonem  Dei 
oracia  abbatem  domus  Sancte  Crucis  de  Edynburgh  et  eiusdem  loci  con- 
iientum  ex  parte  vna  •  et  dominum  Gilbertum  de  Haya  dominum  de  Erole 
ex  altera  /  die  Jouis  proximo  post  festum  Sancti  Petri  in  Cathedra  • 
Anno  Domini  •  m°-  ccc°  vicesimo  •  videlicet  quod  dictus  abbas  et  conuen- 
tus  concesserunt  ad  firmara  dicto  domino  Gilberto  pro  toto  tempore 
vite  sue  toftum  et  croftum  cum  pertinenciis  in  villa  de  Glesbany  ac 
totam  terram  dictos  abbatem  et  conuentum  in  tenemento  dicte  ville  de 
Glesbany  contingentem  pro  sex  solidis  et  octo  denariis  sterlingorura  dictis 
abbati  et  conventui  vel  suo  certo  actornato  apud  Perth  ad  festum  Natiuitatis 
Sancti  Johannis  Baptiste  annuatim  persoluendis  /  sine  aliqua  dilacione  ■ 
cauillacione  •  dolo  vel  fraude  •  Termino  introitus  dicti  domini  Gilbert!  in 
dicta  toftum  et  croftum  ac  terram  incipiente  ad  festum  Pentecostes 
anno  Domini  •  m°-  ccc"  vicesimo  primo  •  Termino  prime  solucionis  inci- 
piente ad  festum  Natiuitatis  Sancti  Johannis  Baptiste  anno  Domini  . 
m".  ccc"  vicesimo  secundo  •  In  cuius  rei  testimonium  huie  scripto  in 
modum  cirografB  confecto  dicte  partes  sigilla  sua  alternatim  apposuerunt 
Testibus  dominis  Roberto  de  Keth  .  Alexandro  de  Seton  et  Roberto  de 
Lawedir  •  militibus  •  Willelmo  de  Valy  •  Ricardo  Garda  .Tohanne  de 
Ratis  et  Johanne  de  Trumbelay  •  ac  multis  aliis  • 


XXVI. 
DE  ENNERPEFFIR  • 

Murdacus  SenescaOi  Dominus  de  Abthane  Justiciarius   ex  parte  boreali  ^"'^  Jj'''^" 
aque  de  Forth  vniuersis  ad  quorum  notitiam  presentes  litere  peruenerint  gf  Murdo 
Salutem  •  Cum  iustum  sit  et  meritorium  perhibere  testimonium  veritati  et  Steuart  justi- 
de  hijs  precipue  que  coram  judicibus  sunt  determinata  legitime  et  peracta  •   po^th  Lord 

2  s 


320 


THE    SPALDING    CLUB    MISCELLANY. 


[1390. 


Abthane 
quhairby 
Thomas  de 
Haya  is  serv- 
ed air  in  the 
landis  of  In- 
nerpefFer  to 
Schir  Johnc 
Keith  his 
guidschir  • 
19  Januarij 
1389- 


Hinc  est  quod  testificamur  quod  dominus  Thomas  de  Haya  Constabularius 
Scocie  /  die  Mercurie  decimo  none  die  mensis  Januarij  anno  Domini  mil- 
lesimo  tricentesimo  octogesimo  nono  •  se  presentauit  in  plena  curia  itineris 
justiciarie  per  nos  tenta  apud  Dunde  /  et  petijt  a  nobis  iuris  complementum 
de  vno  breui  de  morte  antecessoris  per  ipsura  presentato  contra  dominum 
Willelmum  de  Keth  militem  Marescallum  Scocie  super  terris  de   Inuer- 
peffir  cum  pertinenciis  infra  vicecomitatum  de  Forfar  /  Quod  breue  pre- 
sentatum  fuit  ab  quondam   domino  Alexandro  de   Lyndesay  justiciario  ex 
parte  boreali  aque  de  Forth  predecessori  nostro  in  officio  justiciarie  ante- 
dicto   /   et  processus  factus  et  initus   super  dicto  breui  in  diuersis  curiis 
justiciarie  coram  predicto  domino  Alexandro  et  eius  deputatis  super   dicto 
breui  cum  citacionibus  probatis  notorius  erat  et  manifestus  •  et  super  dicto 
breui  duo  iudicia  erant  data  et  contradicta  et  in  diuersis  parliamentis  de- 
terminatis  •  Nos  super  dicti  domini  Thome  peticione  cum  maturo  consilio 
auisati  petiuimus  cum  instancia  dictum  processum  ad  proximum  iter  justi- 
ciarie deferri  et  prorogari  •  Qui  quidem  dominus  Thomas  nostre  peticioni 
non  inclinans  extendebat  plegium  /  quod  consideratis  considerandis  omnibus 
punctis  et  articulis  processibus  et  defensionibus  in   dicto  processu  factis  et 
contentis  vsque  ad  tunc  dictum  breue  de  iure  simpliciter  esset  ad  assisam  • 
Et  super  hoc  vt  prius  tam  auctoritate  nostri  officij  quam  iuramenti  ad  hoc 
prestiti  petijt  iuris  complementum  •  Nos  vt  prius  ex  deliberate  consilio  et 
ex  decreto   curie  prefatum  dominum  Willelmum  de   Keth  vocari  fecimus 
letritime  /  qui  non  comparuit  /  cum  dictum  breue  lectum  fuerat  et  positum 
ad  assisam  meliorum  et  proborum  patrie  •  Per  quamquidem  assisam  cora- 
pertum  fuit  quod  quondam  dominus  Johannes  de  Keth  miles  auus  dicti  do- 
mini Thome  de  Haya  obijt   vestitus  et  saysitus  vt  de  feodo  de  predictis 
terris  de  InuerpefRr  cum  pertinenciis  •  Et  quod  dictus  dominus  Thomas  de 
Haya  est  legitimus  et  propinquior  heres  dicti  quondam  domini  Johannis 
de  eisdem  terris  cum  pertinenciis  •  Et  quod  dictus  dominus  Willelmus  de 
Keth  predictas  terras  de  Inuerpeffir  cum  pertinenciis  iniuste  detinebat  / 
Super  cuius  quidem  assise  veredicto  et  de  precepto  dicti  breuis  nos  in  plena 
curia  talem  saysinam  per  virgam  dicto  domino  Thome  contulimus  qualem 
habuit  dictus  auus  suus  die  quo  fuit  viuus  et  mortuus  •  Insuper  dedimus  in 
mandatis  vicecomiti  de  Forfar  saysinam  huiusmodi  sibi  dare  super  solium 
terrarum  predictarum  •  Quod  omnibus  quorum  interest  vel  interesse  poterit 
innotescimus  per  presentes  /  quibus  sigillum  nostri  officij  in  testimonium 
est  appensum  /  loco  die  et  anno  supradictis  • 


1415.]  THE    EKROLL    PAPERS.  321 


XXVII. 

CARTA    BARONIE    DE    COWIE  • 

Robertus  dux  Albanie  comes  de  Fyfe  et  de  Menteth  ac  regni  Scotie 
gubernator  •  Omnibus  probis  hominibus  tocius  regni  predict!  clericis  et 
laicis  •  Salutem  •  Sciatis  nos  dedisse  concessisse  et  hac  presenti  carta  nostra 
confirmasse  •  carissimo  nepoti  nostro  Willelmo  de  Haya  de  Erole  Consta- 
bulario  Scotie  •  totas  et  integras  terras  baronie  de  Cowie  cum  pertinen- 
ciis  jacentes  infra  vicecomitatum  de  Kincardyne  /  Que  quidem  terre  cum 
pertinenciis  fuerunt  Willelmi  Fraser  de  Fillorth  hereditarie  /  Et  quas 
idem  Willelmus  Fraser  non  vi  aut  metu  ductus  nee  errore  lapsus  sed  mera 
et  spontanea  voluntate  sua  in  manus  nostras  per  fustum  et  baculum  /  ac  per 
suas  literas  patentes  sub  sigillo  sue  coram  subscriptis  testibus  sursum  red- 
didit pure  et  simpliciter  resignauit  /  ac  totum  jus  et  clameum  que  in 
dictis  terris  cum  pertinenciis  habuit  uel  habere  poterit  pro  se  et  heredibus 
suis  omnino  quietum  clamauit  in  perpetuum  .  Tenendas  et  habendas 

de  domino  nostro  Rege  et  heredibus  suis  in  unam  integram 
et  liberam  baroniam  in  feodo  et  hereditate  in  perpetuum 
Faciendo  inde  domino  nostro  Regi  et  heredibus  suis  dictus  Willelmus  de 
Haya  nepos  noster  et  heredes  sui  seruicia  de  dicta  baronia  cum  perti- 
nenciis debita  et  consueta  •  In  cuius  rei  testimonium  presenti  carte 
nostre  magnum  sigillum  oiEcij  nostri  apponi  precepimus  •  Testibus  re- 
uerendo  in  Christo  patre  Gilberto  episcopo  Abbirdonensi  cancellario 
Scotie  ■  Johanne  Senescalli  comite   Buchanie  filio   nostro  •  Alexandre  de 

Grame  filio  domini  de    Grame  •  Thoma    Brisbane  •  Willelmo  de 

Willelmo   de    Cochran  ■  David    de    Allirdasse  •   et    Andrea   de 

Hawyk  rectore  de  Listoun  secretario  nostro  •  Apud  Falklande  quarto  de- 
cimo  die  mensis  Maij  anno  Domini  millesimo  quadringentesimo  quintn- 
decimo  •  et  gubernationis  nostre  nono  • 


322  THE    SPALDING   CLUB    MISCELLANY.  [1430. 


CARTA   TERRARUM    DE   URY    WILLELMO    DE    HAIA    CONCESSA  ■ 

Omnibus  banc  cartam  visuris  uel  audituris  Willelmus  de  Haia  miles 
Constabularius  Scocie  et  dorainus  de  Errolle  /  eternam  in  Domino  salu- 
tem  •  Noueritis  nos  dedisse  concessisse  et  hac  presenti  carta  nostra  in 
perpetuum  confirmasse  •  dilecto  filio  nostro  Willelmo  de  Haia  •  omnes  terras 
nostras  de  Ury  cum  moleudino  eiusdem  •  Rochelook  •  Fyndelawiston  •  Bal- 
nageth  ■  Carnetou  •  Glichnoch  •  Monqubeych  ■  Rotbnoch  •  Acberethy  ■ 
Magra  •  cum  molendino  de  Cowy  cum  pertinenciis  •  et  cum  annuali  de 
Logy  •  ac  eciam  cum  viginti  solidis  annuatim  percipiendis  de  duabus 
Mouquhalis  /  pro  quibus  inhabitatores  dictarum  uillarum  libere  molent  ad 
molendinum  de  Cowy  soluendo  tantam  multuram  quantam  soluerent  tem- 
pore confectionis  presentium  •  Et  cum  annuali  trium  solidorum  et  decern  de- 
nariorum  de  quodam  crofto  jacenti  infra  uillam  de  Cowy  quodquidem 
croftum  Tbomas  Besat  tenet  de  nobis  in  feodo  •  Jacentes  in  baronia  nostra 
de  Cowy  infra  vicecomitatum  de  Kincardyne  •  Tenendas  et  habendas 
predicto  Willelmo  filio  meo  et  beredibus  suis  mas- 
culis  de  corpore  suo  legittime  procreandis  /  quibus  forsan  deficientibus  volu- 
mus  quod  predicte  terre  et  annui  redditus  cum  pertinenciis  ad  nos  et 
heredes  nostros  legitimos  quoscunque  libere  reuertant  /  de  nobis  et  bere- 
dibus nostris  in  feodo  et  hereditate  in  perpetuum 

Faciendo  inde  annuatim  dictus  Willelmus  et  heredes  sui  masculi  pre- 
dicti  pro  dictis  terris  cum  pertinenciis  tres  sectas  curie  pro  dicta  baronia 
ad  tria  placita  capitalia  curie  vicecomitatus  de  Kincardyne  tantum  pro 
omni  alio  seruicio  .  .  In  cuius  rei  testimonium 

sigillum  nostrum  presenti  carte  nostre  apponi  fecimus  Apud  Slanys 
vicesimo  die  mensis  Julij  anno  gracie  millesimo  quadringentesimo  trice- 
simo  •  Hijs  testibus  Domino  WOlelmo  de  Keth  marescallo  Scocie  • 
Alexandro  de  Seton  de  Gordon  •  Dauid  de  Lesley  de  eodem  •  Domino 
Alexandre  de  Forbes  de  eodem  •  Domino  Gilberto  de  Haia  de  Dronlaw 
fratre  nostro  •  Domino  Alexandro  de  Irwyn  de  Drum  ■  et  Johanne  Og- 
stoun  de  eodem  •  cum  multis  alijs  • 


1459.]  i'HE    ERROLL    PAPERS.  323 

XXIX. 
LITERA  DOMINI  REGIS  COMITI   DE  EROLE  • 

Rex  . 

Weilbeloued  cousing  We  greite  you  weile  /  Ande  forsamekle  as  James  Ane  suplica- 

of  Douglas  knvcht  was  tennand   to  you  and  held  certaine  landis  of  you  *'°""?  °}  ''?'' 
•'  i.Ai  Kingis  to  the 

the  tyine  of  the  forfatoure  led  vpoun  him  And  we  haue   present  and  be  Erlfof  ErroU 

thir  cure  lettres  presentis  to  the  saide  landis  oure  loued  familiare  Dauid  '°''  rasamnf: 

Stewarte  of  Rossythe  knycht  exhorting  and  praying  you  eifectueusli  that  Rossytht  tu 

ye  ressaue  and  admitt  as  tennand  to  you  of  the  said  landis  the  saide  Dauid  certane  landis 

and  make  him  haue  possessioun  of  thame  togidder  with  youre  lettres  thare-  Schyr  Jamesol 

vpon  and  the  mare  fauorably  for  oure  sake  as  ye  wil  do  vs  singler  emple-  Dwgles  quha 

sance  and  haue  speceale  thankis  of  ws  tharefore  •  Gevin  vndir  oure  signet  ^"^  "^  ^      ' 

at  Litbqw   the  thrid  day  of  Januare  And   of  our  regne  the  xxiij  yere  / 

James  R 

Dilecto  consanguineo  nostro 

Willelmo  comiti  de  Erole  / 


XXX. 

CARTA  DE   FORDWY  IN  ANGUS   • 

Vniuersis  pateat  per  presentes  me  Valterum  de  Ogilby  de  Ouress 
dedisse  concessisse  et  hac  presenti  carta  mea  eontirmasse  /  necnon  meo 
vero  et  indubitato  assignato  assignasse  /  magnifico  et  potent!  domino  Will- 
elmo Comiti  de  Erole  Domino  Le  Hay  ae  Constabulario  Scotie  totas  et  in- 
tegras  terras  meas  de  Fordovy  cum  pertinenciis  cum  superioritate  earundem 
necnon  cum  duabus  marcis  et  dimidia  marca  annul  redditus  earundem  / 
Ac  eciam  omnes  et  singulas  terras  meas  de  Lytilkethyk  cum  pertinenciis 
jacentes  infra  regalitatem  de  Dunfermlyne  /  Et  quascunque  terras  habeo 
de  Jonetade  Dunbar  /  domina  de  Frendraucht  /  et  de  Abbate  de  Dunferm- 
lyne teneo  in  capite  et  de  conuentu  eiusdem  .  Tenendas  et  habendas  dictas 
terras  de  Fordowy  Lytilkethyk  cum  superioritate  earundem  vna  cum  dicto 


324  THE    SPALDING   CLUB    MISCELLANY.  [1482. 

annuo   redditu  dicto   Domino  Comiti  heredibus  suis  et  suis  assignatis   a 
me  et  heredibus  meis  in  feodo  et  hereditate  in  perpetuum 

In  cuius  rei  testimonium 
sigillum  meum  presentibus  est  appensura  Apud  Erole  vicesimo  die  mensis 
Junij  anno  Domini  millesimo  quadringentesimo  quinquagesirao  nono  • 


XXXI. 

OBLIGATION  BY  FRIAR  JAMES  LYNDESSAY  VICAR-GENERAL  OF 
THE  FRIARS  MINOR  IN  SCOTLAND  TO  THE  LADY  BETRECHE 
OF    DOUGLAS    COUNTESS    OF    ERROLL. 

Be  it  kend  tyll  all  men  be  thir  present  letteris  \vs  Frer  James  Lyndessay 
liachylar  in  theologe  Wycar  generalle  of  the  Freris  Minoris  of  Scotlande  / 
wyth  the  assent  concent  and  effec  of  owre  conuent  of  Donde  tyll  the 
nomyr  of  forteyn  freris  •  Alexandyr  Waus  •  Frer  Alexander  Camiueille  • 
Frer  Dauyd  Lesle  •  Frer  Dauyd  Ray  •  Frer  Dawyd  Esse  •  Frer  Walther 
Smytht  •  Frer  Hugo  Rede  •  Frer  John  Thenande  •  Frer  Alexander 
Aweylle  •  Frer  Thomas  Kynlocht  •  Frer  James  Broyn  •  Frer  John  Cwyk  / 
Tyll  boyn  and  oblesce  ws  /  And  byndyss  ws  and  owr  successoris  for  the 
tym  beande  perpetealy  and  euer  to  the  day  doym  /  Tyll  say  or  synge  a 
dalv  meiss  tyll  and  for  a  mychty  and  rycht  nobyll  lorde  and  herylle  of 
Heraille  Heyrlle  Wylyam  the  Hay  •  tyll  his  spoyss  contass  and  layde  Deym 
Betterecht  of  Dogles  •  tyll  thair  soyn  Erylle  Wylyam  present  •  thar  anty- 
cessoris  and  successoris  for  euer  •  for  the  rawarde  gewyn  till  ws  intyll  gret 
myster  be  the  handis  of  the  forsade  layde  Deym  Betteregis  of  Dogles  and 
his  soyn  Erylle  Wylyam  the  Hay  present  /  in  this  deyr  yeir  qway  .  .  . 
mell  gywis  xxiiij  schillingis  •  mawyte  xxx  schillingis  •  beyr  ij  markis  • 
qweyte  xxxij  schillingis  •  a  lytU  haddok  vij  pennyis  •  a  kellyn  xxx  pennyis  . 
a  gallon  of  haylle  xxxij  pennyis  •  et  cet  ■  In  owr  supple  of  owr  lewynge 
and  owr  plass  raparalynge  And  in  specialle  owr  gretest  wyndoys  mendyn  . 
The  qwylk  mes  sail  be  doyn  at  owr  he  auter  or  qwayr  it  plesis  the 
hoyr  man  for  the  tym  qweill  the  forsade  layde  Layde  Betteragis  pies  to 
raparalle  an  awter  in  owr  kyrk  for  hir  deuocion  and  than  that  mes  to  be 
doyn  at  that  awter  forhowte  frawde  gylle  or  ony  kynde  of  dissate  with 


1482.]  THE    ERROLL    PAPERS.  325 

all  deligenss  be  grass  grantyt  tyll  ws  fra  God  Almychte  and  owr  suc- 
cessoris  or  obstakylle  of  ony  maner  •  The  qwylk  mes  sail  be  callyt  The 
Contass  Mes  or  Erlys  Mes  •  Dyschargyande  the  forsad  lordis  and  layde 
Deym  Betteragis  of  Doglas  and  hoder  that  efFeris  of  the  soym  tayn  for 
the  forsade  mes  for  now  and  euer  haldan  ws  fullely  content  and  payte  for 
ws  and  our  successoris  /  as  the  oblygacion  of  the  forsade  layde  Layde 
Betteragis  beris  wytnes  onder  our  seylle  of  officis  of  Wycharagis  and 
Wardanis  of  the  conuent  of  Dunde  /  And  tyll  the  mayr  abondanss  the 
Wardan  of  Hadynton  Drumfress  Lauak  Kyrcubryk  and  Enderketynge 
has  appensyt  thar  sellys  the  xij  day  of  Marchyss  at  Dunde  the  yeir  of 
God  a  m"  ccce"  hachte  and  a  veir  • 


INDENTURE  BETWEEN  THE  LADY  BETRECHE  OF  DOUGLAS  COUN- 
TESS OF  ERROLL  AND  FRIAR  JAMES  LYNDESSAY  VICAR-GENE- 
RAL OF  THE  FRIARS  MINOR  IN  SCOTLAND  AND  THE  WAR- 
DEN   AND  CONVENT  OF   THEIR  CONVENT  OF   DUNDEE. 

Hec  indentura  facta  apud  Dunde  vicesimo  quinto  die  raensis  Nouem- 
bris  anno  Domini  millesimo  quadringentesimo  octogesimo  secundo  testa- 
tur  •  Quod  hec  conuencio  facta  fuit  inter  nobilem  et  potentem  dominam 
Betriche  Douglas  relictam  quondam  Willelmi  comitis  de  Eraile  in  sva 
viduitate  ex  parte  vna  •  et  venerabiles  ac  religiosos  viros  Fratrem  Jaco- 
bum  Lyndessay  vicarium  generalem  ordinis  Fratrum  Minorum  regni 
Scocie  /  et  gardianum  ac  conuentum  eiusdera  ordinis  de  Dunde  /  ex  parte 
altera  •  in  banc  modum  •  videlicet  •  Quia  in  anno  precedente  presens 
scriptum  victualia  cara  erant  et  dicti  fratres  unde  uiuere  suflRcienter 
non  habebant  et  pro  sustentacione  miserabilis  vite  eorum  que  soli  Deo 
seruire  poterant  /  suos  libros  calices  et  iocalia  inuadiauerant  et  impigno- 
rauerant  pro  victualibus  unde  uiuere  poterant  •  Et  dicta  domina  Betriche 
comitissa  de  Eraille  uolens  uitam  eorum  reficere  et  monasterium  eorum 
de  Dunde  emendare  /  dedit  concessit  eisdem  fratribus  /  videlicet  vicario  et 
conventui  /  summam  centum  librarum  vsualis  monete  regni  Scocie  ad  foris 
acquietandum   suos  libros  calices  et  iocalia  invadiata  et  ad  eniendanduni 


326  THE    SPALDING   CLUB   MISCELLANY.  [1482. 

raonasteriura  de  Dunde  /  in  puram  et  perpetuam  elimosinam  •  Pro  qua  qui- 
dem  summa  centum  librarum  predict!  ft'atres  firmiter  obligantur  /  pro  se  et 
successoribus  suis  fratribus  perpetuis  dicti  monasterij  de  Dunde  futuris 
teraporibus  /  dietira  celebrare  in  inagno  altari  monasterij  de  Dunde  unam 
missam  submissa  voce  vel  cum  nota  /  que  missa  vocabitur  Missa  Domine  i 
pro  anima  dicte  Betriche  ac  pro  animabus  Willelmi  dim  sponsi  sui  ac 
Willehni  comitis  de  Eraile  filij  sui  et  successorum  suorura  ac  pro  animabus 
omnium  fidelium  defunctorum  •  Et  si  contigerit  quod  dicta  domina  Bea- 
triche  edificauerit  vnum  altare  infra  ecclesiam  dicti  monasterij  in  honorem 
Dei  Omnipotentis  •  Beate  Virginis  Marie  •  et  Trium  Regum  Orientalium  . 
prout  tendit  edificare  /  tunc  dicti  fratres  cum  consensu  suorum  superiorum 
translabunt  dictam  missam  que  vocabitur  Missa  Domine  a  magno  altari 
ad  illud  altare  Trium  Regum  Orientalium  /  et  ibidem  dictam  vnam  missam 
celebrabunt  pro  animabus  prenominatis  •  Insuper  si  contigerit  dictos 
frati'es  in  vno  die  duobus  tribus  quatuor  aut  quibuscunque  diebus  in  cele- 
hratione  dicte  Alisse  Domine  apud  altaria  predicta  pro  animabus  prenomi- 
natis deficere  pro  quibuscunque  impedimentis  fiendis  i  quod  absit  /  dicti 
fi'atres  obligant  se  et  successores  suos  fratres  professes  perpetuos  monas- 
terij predicti  de  Dunde  /  fide  media  et  per  professionem  eorum  sub  penis 
excommunicacionis  majoris  prout  coram  summo  judice  voluerint  respon- 
dere  /  quod  tot  missas  pro  animabus  prenominatis  celebrabunt  apud  altaria 
predicta  cum  toto  conventu  dicti  monasterij  quot  dimiserint  incelebratas  - 
Et  sic  dietim  iUa  Missa  Domine  pro  animabus  prenominatis  apud  altaria 
predicta  celebrabitur  fraude  dole  et  cauillacione  postpositis  ■  Et  hec  inden- 
tura  referetur  ad  magnam  cartam  quam  dicta  domina  Betriche  habet  sub 
sigillis  omnium  gardianorum  predicti  ordinis  infra  regnum  Scocie  -  In 
cuius  rei  testimonium  parti  huius  indenture  remanenti  penes  dictam 
dominam  Betriche  comitissam  de  Eraile  sigillum  dicti  vicarij  /  vnacum 
sigillo  capituli  dictorum  fratrum  cum  manualibus  subscriptionibus  quatuor- 
decem  fratrum  in  dicto  monasterio  de  Dunde  ad  confectionem  presentis 
indenture  existentium  /  est  appensum  •  Et  parti  uero  huius  indenture 
remanenti  penes  dictos  fratres  sigillum  dicte  domine  Betriche  comitisse 
de  Eraile  est  appensum  /  loco  die  mense  et  anno  prescriptis  • 

Frater  Jacobus  Lyndessay  vicarius  generalis  manu  propria  confirmat 
et  mandat  • 

Frater  Henricus  Cylma  gardianus  conventus  de  Dunde  manu  propria  • 

Frater  David  Raa de manu  propria  ■ 


1490.]  THE   ERROLL    PAPERS.  327 

Frater  Dauyd  Lesle- 

Frater  Johannes  Tennand  manu  propria 

Frater  Thomas  Kynlocht  • 

Frater  Jacobus  Walredi  manu  propria  • 

Frater  Alexander  Aweylle  manu  propria- 

Frater  Rede  Hugovv  manu  propria  • 

Frater  Johannes  Bybe  • 

Frater  Dauyd  Esse  manu  propria - 

Frater  Jacobus  Brine  ■ 

Frater  Alane  Vals  • 


XXXIII. 

CONFIRMATION  OF  THE  PRECEDING  INDENTURE  BY  THE  MIN- 
ISTER PRINCIPAL  AND  THE  WARDENS  AND  CHiS^TER  OF  THE 
FRIARS    MINORS    OF    SCOTLAND  ■ 

Be  it  kend  tyll  all  men  be  thir  present  lettris  ws  Frer  Jhon  Yhar 
ministyr  principal  of  the  Freris  Minoris  of  Scotland  •  Frer  Andre  Russel 
wardan  of  the  freris  of  Dunde  •  Walter  Bachlow  wardan  of  Dunfress  • 
Richart  Inglis  wardan  of  Lanark  •  Willyam  Tenand  wardan  of  Haden- 
toun  •  Frer  Andro  Cromy  wardan  of  Kirkubrichth  •  Jhon  Lyel  wardan 
of  Inuerkethin  •  Andro  Fife  wardan  of  Roxburgh  •  to  haue  rede  and  un- 
derstandin  in  our  principall  chaptour  haldin  at  Lanark  the  •  xj  ■  day  of  Julij 
in  the  yeir  of  God  m"  •  iiii"=  •  Ixxxx  •  yheris  certan  euidentis  and  endenturis 
maid  betuext  an  worschipful  ladye  Betreche  of  Douglas  Contass  of  Erole 
on  the  ta  part  /  And  Frer  James  Lyndessay  wycar  generalle  of  the  said 
ordour  conuenit  at  Dunde  and  all  the  wardanis  of  the  said  ordour  on  the 
tother  part  /  twychin  a  meiss  to  be  songyng  or  said  perpetealy  and  daly  at 
the  he  auter  of  our  said  plass  of  Dunde  ay  and  on  to  the  tym  it  pleissis  the 
said  ladye  to  big  and  reperal  an  auter  in  the  said  kyrke  of  The  Three  Kingis 
of  Colan  /  efter  the  quhilk  bigyng  the  said  mess  to  be  doyn  at  the  said  auter 
of  The  Three  Kingis  /  and  to  be  callit  The  Contass  Mes  i  perpetealy  for 
certan  meritis  benefice  and  guid  deidis  doyn  be  the  said  ladye  tyl  our  said 
plass  of  Dunde  as  in  the  said  euidentis  fullar  is  conteinit  •  The  quhilkis 
meritis  obligacioun  euidentis  and  endenturis  we  haue  fully  considerit  and  to 

2t 


328  THE    SPALDING   CLUB    MISCELLANY.  [1559. 

resoi)  has  fund  tham  acordinge  /  For  the  quhilkis  we  ryply  auisit  hafand 
God  and  gud  conscence  befor  ws  we  approue  ratefie  and  confirmis  the 
said  euidentis  in  all  pointis  and  articles  contenit  in  tham  be  thir  our 
lettris  perpetealy  to  endure  for  ws  and  our  suceessoris  •  In  witnes  of  the 
quhilk  thing  we  haue  appendit  the  sele  of  our  office  of  ministry  togeder 
with  the  sales  of  the  wardanis  of  Dunde  Hadinton  and  Dunfreis  for  con- 
sent of  the  wardanis  abune  writin  and  all  our  haill  chaptour  /  of  Lanark 
day  yeir  abune  writtin  ■ 


XXXIV. 

INSTRUMENT  BY  FRANCIS  AND  MARY  KING  AND  QUEEN  OF  SCOTS 
CONSTITUTING  GEORGE  SEVENTH  EARL  OF  ERROLL  THEIR 
LIEUTENAJtT  BETWEEN  THE  WATER  OF  ERNE  AND  THE 
NORTH    WATER  • 

FRANCISCUS  ET  MARIA  Dei  gratia  Rex  et  Regina  Scotorum 
Delphinus  et  Delphina  Viennensis  etc  ■  Omnibus  probis  hominibus  suis  ad 
quos  presentes  litere  peruenerint  Salutem  /  Noueritis  quod  fecimus  et  con- 
stituimus  et  ordinauimus  facimusque  constituimus  et  ordinamus  per  pre- 
sentes /  confisum  nostrum  consanguineum  Georgium  Erolie  Comitem  Do- 
minum  Hay  ac  Constabularium  regni  nostri  Scotia  /  nostrum  locumtenentam 
intra  omnes  bondas  seu  partes  inter  aquas  siue  flumina  de  Erne  et  Aquam 
Borealam  /  pro  tranquillitate  et  pace  inter  incolas  earundem  habendis  resis- 
tentiaque  inimicorum  rebellium  et  transgressorum  infra  dictas  bondas  sau 
partes  si  qui  fuarint  punitione  •  Dando  concedendo  et  committendo  prefato 
nostro  consanguineo  locumtanenti  nostro  prescripto  nostram  plenam  potes- 
tatem  et  mandatum  speciale  omnes  et  singulos  ligeos  et  subditos  at  alios 
dictarum  bondarum  et  tarrarum  incolas  seu  inhabitantes  quoscunque  turn 
per  mare  atque  tarram  regendi  gubarnandi  et  defendendi  /  ordinancias  vel 
ordinationes  et  regulas  inter  eos  pro  eorum  gubernatione  faciendi  exar- 
cendi  et  axceptandi  contra  /  hujusmodi  ac  alios  inobedientes  aut  malefac- 
tores  aut  irregulares  infra  dictas  bondas  si  qui  fuerint  secundum  suarum 
transgressionum  quantitatem  legi  conforme  corrigendi  castigandi  et  puni- 
endi  /  ligeos  subditos  nostros  quoscunque  inhabitantes  intra  bondas  pre- 


1559.]  THE    ERROLL    PAPERS.  329 

dictas  contra  memoratos  rebelles  et  inobedientes  ad  arma  ac  indumenta 
bellica  mouendi  siue  excitandi  et  vocandi  •  Necnon  nostrum  vexillum 
quoties  opus  fuerit  pro  ipsorum  resistentia  ac  inuasione  contra  nostram 
autboritatem  regnique  nostri  commune  bonum  insurgere  presumentium 
excitandi  et  gerendi  /  castrorumve  ullorum  fortiliciorum  contra  illos  infra 
bondas  suprascriptas  detentores  inuadendi  impugnandi  obsidendi  et  recu- 
perandi  eorundemque  detentores  eorum  adherentes  ac  participes  tanquam 
nostros  rebelles  puniendi  .  Necnon  nostrum  vexillum  et  ligeos  adversus 
eos  atque  alios  ad  eos  accedendos  intra  predictas  bondas  aut  aliam  regni 
nostri  ullamque  partem  seu  extra  idem  /  quando  premonitus  noster  locum- 
tenens  ad  hoc  per  nos  oneratus  seu  jussus  fuerit  /  excitandi  et  congre- 
gandi  /  Ac  etiam  constabularios  mariscallos  et  omnes  alios  ofEciarios 
requisites  et  necessarios  pro  quibus  respondere  tenebitur  faciendi  et  depu- 
tandi  .  Et  generaliter  omnia  alia  et  singula  faciendi  gerendi  et  exercendi 
et  utendi  que  in  premissis  et  circa  ea  necessaria  fuerint  seu  quovis  mode 
opportuna  .  Ratum  et  gratum  habendum  et  habetur  totum  et  quicquid 
prenominatus  noster  locumtenens  suique  ofEciarii  et  ministri  in  premissis 
rite  duxerit  seu  duxerint  faciendum  •  Quare  universis  et  singulis  ligeis  et 
subditis  nostris  quarumcunque  terrarum  bondarum  suprascriptarura  incolis 
et  inhabitantibus  precipimus  et  mandamus  quatenus  ipsi  et  ipsorum  quilibet 
prelibato  locumtenenti  ejusque  officiariis  ejus  nomine  in  omnibus  et  sin- 
gulis predictum  officium  locumtenentis  concernentibus  prompte  respondeant 
intendant  pareant  et  obediant  /  necnon  cum  illo  seu  illis  illius  nomine  / 
infra  prescriptas  bondas  vel  illarum  ullam  partem  ullamve  aliam  partem 
regni  nostri  aut  extra  idem  prout  ipse  ipsos  premonuerit  et  quemadmodum 
ille  per  nos  ut  premittitur  ad  hoc  jussus  seu  oneratus  fuerit  /  Sub  omni 
pena  quam  ipsi  ipsorumque  quilibet  contra  nostram  maiestatem  committere 
et  incurrere  poterint  seu  poterit  in  hac  parte  /  presentibus  pro  nostra  vo- 
luntate  proxime  post  datam  earundem  sine  reuocatione  duraturis  •  In 
cujus  rei  testimonium  magnum  sigillum  nostrum  presentibus  apponi  feci- 
mus  Apud  Dunbar  vicesimo  secundo  die  mensis  Julij  anno  Domini  mille- 
simo  quingentesimo  quinquagesimo  nono  Et  regnorum  nostrorum  annis 
primo  et  decimo  septimo  • 


330  THE    SPALDING   CLUB    MISCELLANY.  [1576. 


XXXV 

INSTRUMENTUM    RECLAMATIONIS    DOMINI    DE    ERROLL  CONTRA 
FRATRES  SUOS  • 

In  Dei  nomine  Amen  •  Per  hoc  presens  publicum  instrumentum  cunctis 
pateat  euidenter  et  sit  notum  quod  Anno  incarnationis  Dominice  millesimo 
quingentesimo  septuagesimo  sexto  mensis  vero  Augusti  die  decimo  sexto 
regnante  illustrissimo  Jacobo  Scotorum  Rege  Sexto  regni  huius  anno 
nono  /  In  mei  notarii  publici  et  testium  infrascriptorum  presentiis  person- 
aliter  constitutus  nobilis  et  potens  dominus  Andreas  Comes  de  Erroll 
Dominus  Hay  et  Constabularius  Scotie  etc  ■  dixit  exposuit  narrauit  et  affir- 
raauit  prout  in  vulgari  sequitur  •  Forsamekill  as  the  said  nobill  and  potent 
lord  in  presens  of  me  notar  publict  and  witnes  vnderwrittin  exponit  and 
vpone  his  conscience  declarit  quhow  that  Lawrence  George  and  Alex- 
ander Hayis  his  bretherene  /  vpone  the  first  day  of  August  yeir  of  God 
aboue  wryttin  about  tvva  or  thrie  houris  in  the  mornying  or  thairby  vnder 
silence  of  the  nycht  accorapanyit  with  certane  men  of  weyr  seditious  per- 
sonis  /  cam  to  his  Place  of  Slanis  lidderit  the  wallis  And  clame  the  forsaid 
Place  And  enterit  within  his  said  Castell  and  Place  (the  said  lord  his  ser- 
uandis  and  other  gentillnien  being  inclusit  thairin  and  lyand  in  diuersse 
chalmerris)  tuke  thair  wapynnis  frome  tham  and  ilkane  of  thame  seueralie 
And  retenit  thame  captiue  within  thair  saidis  chalmerris  /  And  thairefter 
ledderit  the  stair  of  his  awine  chalmer  and  enterrit  thairin  And  efter  de- 
fence maid  be  him  /  and  efter  that  he  had  passit  furth  of  his  said  chalmer 
to  the  hall  of  the  said  Castell  and  closit  the  durris  betuix  him  and  thame  / 
thai  violentlie  brak  the  durris  and  with  daggis  pistolettis  swerdis  and  quhin- 
garis  inuadit  him  and  tuke  him  perforse  in  his  awne  house  (he  than  beand 
destitute  of  all  his  seruandis)  And  putt  him  in  firmance  in  the  towr  oft' 
the  samen  /  quhair  he  was  manesit  and  boistit  be  the  said  suddarttis  and 
speciallie  be  ane  Harye  Herst  to  haue  bene  schott  /  And  be  the  same  sud- 
darttis was  disarmit  of  his  wapynnis  and  thairefter  keipit  and  retenit  cap- 
tiue be  his  saidis  bretherene  and  thair  suddarttis  in  the  said  Castell  vnto  the 
said  sextene  day  of  August  /  thay  and  thair  saidis  suddarttis  being  maister 
of  the  said  Castell  and  Place  induring  the  space  forsaid  /  during  the  quhilk 
tyme  thai  daylie  and  continewalie  manesit  and  boistit  the  said  nobill  lord 


1576.]  THE    ERROLL    PAPERS.  331 

for  his  slauchter  in  cace  he  had  nocht  consentit  to  thair  desiris  And  on 
nawayis  wald  suffer  his  freindis  nor  seruandis  to  haue  ingresse  nor  accesse 
vnto  him  /  Induring  the  quhilk  tyme  for  verray  fair  and  dreddour  quhilk 
mycht  haue  fallin  in  ane  maist  constant  man  being  swa  captiue  in  his  awne 
hous  the  saidis  Lawrence  George  and  Alexander  causit  and  compellit  be 
feir  and  dreddour  the  said  nobill  lord  to  subscryue  diuersse  and  syndre 
blanks  to  thame  to  the  efFectis  following  /  to  wit  /  Ane  blanke  in  fauouris  of 
the  said  George  quhairin  ane  lyifrent  suld  haue  bene  insert  to  him  of  all 
and  haill  the  Kirktoun  of  Slanis  with  the  pertinentis  during  all  the  dayis 
of  the  said  George  lyiftyme  for  yeirlie  payment  of  the  few  mails  thereof!' 
to  the  College  of  Aberdene  alanerlie  /  Ane  other  blank  to  be  fillit  to  the 
said  Lawrence  at  his  plesour  of  ane  lyifrent  of  all  and  haill  the  twa  pairk 
landis  of  Claschbanye  Hand  in  the  baronie  of  ErroU  within  the  schirefdome 
of  Pertht  for  all  the  dayis  of  the  said  Lawrence  lyiftyme  /  And  ane  other 
blanke  to  the  said  Alexander  quhairin  suld  haue  bene  insert  the  said 
nobill  lordis  obligatioune  for  the  sowme  of  fourtye  pundis  yeirlie  to  be 
wpliftit  furth  of  the  said  nobill  lordis  toun  and  landis  of  Lischmychaell  in- 
during the  said  Alexanderis  lyiftyme  /  with  prouisioune  that  the  said  nobill 
lord  sail  travell  with  Master  William  Hay  persoun  of  Turreff  to  cause  him 
resigne  the  personage  thairoff  to  the  effect  that  the  said  Alexander  mycht 
be  providit  thairto  /  reseruand  the  lyifrent  thairoff  to  him  during  his  lyif- 
tyme /  And  in  cace  the  said  Maister  Willeame  suld  inlaik  oblesand  the  said 
nobill  lord  to  provide  the  said  Alexander  to  the  said  personage  And  thair- 
efter  that  the  said  Alexander  suld  renunce  the  said  sowme  of  fourtie 
pundis  to  haue  bene  wpliftit  of  the  said  toun  and  landis  of  Inschmychaell  • 
And  siclike  causit  and  compellit  the  said  nobill  lord  the  tyme  aboue  wryttin 
to  subscriue  ane  vther  blank  to  the  saidis  Lawrence  George  and  Alexan- 
der and  thair  complices  suddarttis  men  of  weyr  quhairin  ane  discharge 
suld  haue  bene  wryttin  of  thair  intromissione  with  his  jowellis  gold  siluer 
charterris  euidentis  clething  plenysing  and  otheris  guidis  and  geir  per- 
tenyng  to  him  being  within  his  said  Place  the  tyme  aboue  mentionate  /  At 
the  leist  the  saidis  personis  with  thair  complices  the  tyme  aboue  specifeit 
for  feir  and  dreddour  causit  the  said  nobill  lord  to  subscriue  the  blankis 
forsaidis  of  the  contentis  aboue  mentionate  /  like  as  thai  mycht  haue  com- 
pellit him  to  subscriue  quhatsumeuir  writtis  thai  plesit  the  tyme  aboue 
wryttin  with  otheris  diuerse  contractis  obligatiounes  writtis  and  blankis  of 
quhatsumeuer  tenour  and  effect  thai  plesit  and  lyikit  /  And  inrespect  of  thir 


332  THE    SPALDING   CLUB    MISCELLANY.  [1576. 

premissis  thair  deidis  transgressionis  and  attemptatis  done  and  committit 
be  the  saidis  personis  and  thair  complices  as  said  is  And  that  the  said 
nobill  lord  the  tyme  forsaid  beyng  captiue  vnder  thair  dominionis  for  feir 
and  dreddour  as  said  is  grantit  to  thair  desiris  •  Heirfore  the  said  nobill 
lord  now  beand  at  libertie  be  thir  presentis  reuokis  annullis  cassis  renuncis 
and  dischargis  all  alienationis  donationis  fewfermes  lyifrentis  heritages  in- 
feftmentis  obligatiounes  contractis  discharges  acquittances  and  all  maner 
of  giftis  or  blankis  quhatsumeuer  subscriuit  be  the  said  nobill  lord  to  the 
saidis  personis  and  thair  complices  /  during  the  tyme  of  his  said  captiuitie 
and  keping  be  his  said  bretherene  and  thair  complices  /  Quhilkis  writtingis 
blankis  quhatsumeuer  subscriuit  be  the  said  nobill  lord  the  tyme  forsaid 
with  all  that  may  follow  thairwpone  the  said  nobill  lord  be  thir  presentis 
declaris  frathinfurth  to  be  of  na  farder  stryncht  force  efficacie  nor  effect 
bott  wtterlie  to  be  expyrit  cassit  reuokit  annuUit  bureit  and  extinct  in 
tham  selffis  for  euer  like  as  the  samen  had  neuer  bene  done  thocht  pre- 
tendit  nor  attemptate  /  protestand  soleraptlie  that  it  salbe  lesum  to  the  said 
nobill  lord  his  airis  or  assignais  to  call  convene  follow  and  persew  the  for- 
saidis  personis  thair  airis  assignais  and  successouris  before  the  lordis  of 
counsell  for  reductione  of  the  saidis  pretendit  allegit  infeftmentis  dona- 
tiounes  contractis  fewfermes  obligatiounes  dischargis  with  all  that  may 
follow  thairwpone  tyme  and  place  conuenient  and  oportune  for  the  rychtis 
ressonis  titellis  caussis  and  allegatiounes  forsaidis  /  And  protestis  that  this 
his  reuocatioune  may  be  extendit  in  maist  ample  forme  of  reuocatioune 
can  be  devysit  to  the  effect  forsaid  /  vpone  the  quhilkis  premissis  the  said 
nobill  lord  vpone  euerie  poynt  heiroif  maid  fayth  •  Super  quibus  omnibus 
et  singulis  dictus  dominus  Comes  de  Erroll  a  me  notario  publico  subscripto 
sibi  fieri  petiit  instrumentum  vel  instrumenta  vnum  vel  plura  publicum  vel 
publica  /  Acta  erant  hec  apud  lie  Murehill  apud  molendinum  de  Newburght 
hora  decima  ante  meridiem  vel  eocirca  Presentibus  ibidem  nobili  et 
potenti  domino  Laurencio  Domino  Oliphant  Wilhelmo  Olyphant  de  New- 
toun  Joanne  Ingliss  seruo  dicti  Comitis  /  et  me  notario  publico  /  testibus 
ad  premissa  vocatis  et  rogatis  etc  • 

Et  ego  Johannes  Dauidsone  clericus  Aberdonensis  diocesis  authoritate 
Romana  notarius  /  nunc  vero  per  Dominos  Consilii  secundem  teno- 
rem  acti  parliamenti  admissus  /  Quia  premissis  omnibus  etc  • 


THE    ERROLL    PAPERS.  333 


THE  ERLL  OF  ERROLLIS    ANSWER  TO  THE  KING. 

As  towardis  the  wrangus  and  particular  informatiounis  gevin  in  to 
your  Maiestie  aganis  me  /  bayth  at  this  present  and  heirtofoir  /  I  prais  my 
God  thair  is  nane  of  sic  consequence  bot  may  esalie  be  considderit  to 
be  occasionis  forgit  be  my  vnfreindis  And  na  thing  committit  in  my 
parte  wordy  to  merit  your  Maiesteis  rayslyking  And  your  Maiestie  may 
esalie  considder  gif  it  wU]  pleis  your  Hienes  rychtlie  to  wey  the  mater  and 
to  tak  tryell  be  discreit  and  indifferent  persones  of  my  trew  and  dewtifull 
parte  bayth  to  your  Maiesteis  obedience  and  seruice  /  as  alsua  in  doing 
to  the  Weill  of  my  house  and  barnis  as  becumis  me  /  Beseiking  heirfoir 
your  Hienes  to  considder  in  how  mony  diuerse  and  hawy  inconvenience  I 
am  fallin  be  the  decrete  arbitrall  pronuncit  aganis  me  be  your  Maiestie  / 
nocht  of  your  awin  motiue  as  I  knaw  assuredlie  bot  of  the  sinister  infor- 
matioun  of  my  saidis  vnfreindis  haveing  your  Hienes  eir  in  the  mentyme 
and  quha  daylie  ceassis  nocht  to  induce  your  Grace  to  be  ane  partie  to 
me  /  ane  thing  very  sorrifull  to  ane  trew  subiect  quha  hes  nocht  merit  /  as 
alsua  ar  yet  byssy  to  instigat  and  moif  my  barnis  fra  thair  naturall 
obedience  towardis  me  quhairbie  to  half  the  bettir  occasioun  to  clok  thair 
impietie  be  thair  wrangus  narratiounis  to  your  Maiestie 

And  quhair  as  I  am  delatit  to  your  Maiestie  for  that  /  That  with  all 
humilitie  and  reuerence  I  haue  desyrit  remaid  intentit  summondis  of 
reductioun  of  the  foirsaid  decrete  in  sic  poyntis  as  be  all  apperance 
aggreis  nocht  with  guid  ressoun  /  I  beleif  your  Hienes  princlie  naturall 
neuir  willit  to  daill  mair  straitlie  with  me  nor  with  vtheris  your  Maiesteis 
lawfuU  subiectis  haueing  the  lyk  complent  quhome  to  your  Maiestie  of 
your  benignitie  and  clemencie  naturall  hes  willinglie  hard  /  namlie  the  Lord 
Forbus  and  his  freindis  aganis  the  Erie  of  Huntlie  /  nor  yet  that  your 
Hienes  be  importunitie  of  my  vnfreindis  will  neuir  mene  to  coact  or  compel 
me  to  my  barnis  as  ane  sencles  ideot  voyd  of  discretioun  and  dewtie  /  to 
quhome  I  am  of  mynd  and  very  willing  /  thay  applying  thame  selffis  as 
becumis  thame  to  ressaue  it  /  to  do  that  fatherlie  favour  frilie  that  apper- 
tenis  me  •  And  that  your  Maiestie  may  half  the  better  experience  of  the 
same  I  haif  intentit  summondis  of  reduction  quhairbie   I  being  reponit  in 


334  THE    SPALDIXG    CLUB    MISCELLANY. 

my  awin  place  may  gif  your  Hienes  preif  that  of  naturalitie  I  will  do  to 
my  barnis  as  becumis  ane  fader  to  do  to  his  childreue  And  (with  your 
Maiesties  reuerence)  to  mak  thame  lieris  that  vtherwyise  informis  your 
Maiestie  and  wald  obscure  my  honour  be  sic  preposterus  daling 

And  quhair  as  thai  wald  informe  your  Maiestie  /  That  I  depart  fra 
your  Grace  at  sumtymes  nocht  takin  guid  nycht  /  be  that  it  appeiris  how 
bissy  thai  ar  to  bring  me  in  your  disgrace  And  yit  I  nevir  partit  fra  your 
Grace  bot  in  obedience  and  atfectioun  of  hart  and  conforme  to  the  custome 
of  the  rest  of  your  Hienes  honorabill  subjectis  as  he  that  evir  hes  bene 
loith  ather  to  fasche  or  flatter  your  Grace 

And  quhair  it  is  specifeit  /  That  your  Hienes  hes  euir  borne  with  my 
doingis  in  hoip  that  I  suld  half  tane  ane  better  cours  /  I  remit  me  to  your 
Maiesteis  iugement  quhat  trubill  and  disqueyetnes  I  half  causles  sustenit  / 
and  that  be  the  forgit  inventionis  of  my  saidis  vnfreindis  /  quhairupoun 
succedit  the  warding  of  my  persone  togidder  with  inhibitiounes  and  inter- 
dictiounes  dischargeing  me  fra  all  administratioun  of  my  leving  /  And  my 
haill  guidis  escheitit  and  my  self  brocht  in  ane  slander  with  ray  awin 
barnis  /  quhome  thai  will  nather  licience  to  acknawlege  thair  obedience 
towardis  me  nor  yit  will  permite  me  to  live  in  queyetnes  the  bettir  to 
extend  my  faderlie  dew-itie  ower  thame  conforme  to  the  guidwill  I  beir  • 
As  for  my  answer  to  the  rest  of  the  speciall  pointis  quhilkis  your  Maiestie 
cranes  for  obeying  of  your  Grace  /  pleis  ressaue  thame  as  efter  foUowiss 
praying  your  Hienes  to  concaue  my  parte  rychtlie  and  nocht  conforme  to 
the  report  of  disfauoraris 

And  quhair  it  is  requirit  of  me  to  gif  ane  iust  inventour  of  my  evi- 
dentis  /  albeit  it  be  vncertane  to  me  to  quhat  effect  the  samyn  is  requirit 
and  that  greit  parrallis  followis  rycht  oft  thairby  as  we  sie  be  daylie 
experience  /  yet  I  sail  condescend  thairto  how  sone  that  I  sail  knaw  the 
persone  vnsuspect  to  be  ane  luiifar  of  me  and  the  weilfair  and  standing  of 
my  house  quha  salbe  deput  to  that  effect 

As  to  the  thrid  /  seing  I  half  neuir  bene  ane  dilapidar  nor  puttar  auay 
of  my  said  leving  bot  rather  ane  fader  thairunto  and  hes  relevit  the  samin 
of  grite  sowmes  of  money  as  is  notoriuslie  knawin  /  I  think  thair  is  na 
occasioun  quhairfor  the  administratioun  thairof  suld  be  tane  auay  fra  me 
and  put  vpoun  ane  of  my  soneis  I  being  on  lyfe  ■  And  thairfoir  vnto  the 
tyme  that  my  sones  cum  to  ane  gritter  aige  and  discretioun  or  that  I  may 
half  ane  suir  pruif  of  thair  guid  behauiour  towardis  me  according  to  thair 


THE    ERROLL    PAPERS.  385 

detbound  dewitie  /  I  intend  nocht  to  lay  that  charge  vpoun  tham  quhilk  I 
knaw  nocht  yit  gif  thai  be  abill  to  beir  /  And  quhane  I  do  it  I  vnderstand 
that  the  saniin  salbe  vpoun  sic  conditiounis  as  vther  noble  men  of  the 
cuntrie  obtenis  quhane  thai  put  thair  soneis  in  fie  of  thair  landis 

As  to  the  ferd  held  I  am  desyrit  to  gif  answer  gif  I  will  pas  fra  the 
reductioun  of  your  Grace  decreit  pennit  and  dewysit  be  my  vnfrendis  / 
quhairintill  your  Grace  is  gritlie  interest  in  your  Hienes  honour  and 
conscience  incase  as  God  forbid  your  Maiestie  mantene  the  samin  /  and  I 
havelie  hurt  and  dishonerit  in  preferring  my  barnis  befoir  my  self  in  my 
principall  styill  and  leving  of  my  landis  of  Erroll  And  in  making  me  in- 
feriour  and  subiect  to  thame  /  quhar  be  the  contrar  be  all  ressone  I  aucht  to 
be  principall  of  tham  and  of  the  place  that  God  hes  callit  me  to  salang  as 
it  pleissis  God  to  suffer  me  on  lyfe  /  Lykeas  your  Maiestie  haveing  na 
iust  occasioun  to  be  movit  in  the  contrar  can  find  na  fait  with  me  in 
craving  your  Grace  aid  and  supplie  to  my  redress  conforme  to  your  Hienes 
lawis  (quhairfra  na  trew  subiect  aucht  to  be  debarrit)  and  remembering  the 
auld  proverb  /  He  is  ane  sair  doung  barne  that  dar  nocht  greit  /  And  sua  I 
am  constranit  with  your  Maiesteis  reuerence  to  seik  remeid  be  ordour  of 
iustice  conforme  to  the  lawis  of  this  cuntry  /  And  that  inrespect  of  my 
regrous  and  evill  handling  notoriouslie  knawin  the  lyk  neuir  being  prac- 
tesit  on  na  vther  of  my  rank  in  Scotland  Quhairof  I  nather  blame  your 
Grace  but  onlie  my  vnfreindis  and  the  plattieris 

And  as  concerning  my  eldast  sone  Alexander  Hay  Maister  of  Erroll  /  I 
am  of  that  guid  mynd  towardis  him  neuir  to  prefer  ony  vther  in  that  place 
quhilk  God  hes  callit  him  to  /  gif  God  grantis  him  dayis  /  efter  me  And 
that  inrespect  of  his  constant  guid  behauiour  and  dew  obedience  towardis  me 
in  all  tymes  heirtofoir  /  in  consideratioun  quhairof  is  myndfull  to  bestow 
him  on  ane  honorabill  partie  maist  aggreabill  to  his  awin  hartis  contentment 
to  the  eflect  God  willing  I  may  sie  successioun  procreat  of  his  awin  body 
And  in  seing  of  the  samin  war  ane  of  my  grittast  comfortis  he  being  the 
sone  quha  neuir  offendit  me  /  And  I  salbe  that  guid  fader  vnto  him  quha 
sail  patientlie  sufier  all  extremitie  or  I  euer  oftend  God  or  hurt  my 
conscience  in  dyspossessing  of  him  of  that  place  quhilk  God  hes  callit  him 
to  seing  it  hes  pleasit  God  to  mak  him  my  eldast  and  lawfull  begottne 
sone  And  for  his  preserwatioun  and  caussis  foirsaid  may  nocht  suffer  him 
to  pas  fra  my  presence  wontoning  the  lawfull  successioun  begottin  of  his 
body  And  for  remeid  of  ony  impediment  that  he  hes  sail  nocht  spair  for 

2  u 


336  THE    SPALDING   CLUB    MISCELLANY.  [1582. 

expeiissis  to  cause  sic  men  cum  vnto  him  out  of  France  or  ony  vther  farreir 
natioun  for  curing  of  his  diseasses  as  I  may  haif  the  knawlege  of  sik  men 
meit  for  that  purpoise  Lyke  as  Doctour  Skein  is  presentlie  in  guid  as- 
perance  of  his  remaid 

As  to  the  fyft  /  I  was  ay  willing  to  prowyde  for  my  sone  Thomas  and 
haid  alreddy  begun  and  intendis  to  gratifie  him  in  the  thing  that  is  desyrit  / 
prouyding  that  induring  my  lyfteme  I  haif  bayth  the  cwir  of  him  and  of 
his  leving  as  ressone  wald 

As  to  the  contract  with  my  wyffC)  /  The  alteratioun  thairof  standis  nocht 
in  my  power  without  the  awyise  and  consent  of  the  vther  contractaris  /  the 
Erie  of  Cathnes  being  deid('^)  his  air  is  young  And  I  am  nocht  certane 
quhat  thai  can  or  will  do  in  that  behalf 

As  to  the  sevint  /  I  wnderstand  that  I  haif  ellis  alreddy  depute  faythfull 
men  for  the  effairis  and  ordour  of  my  caussis  in  quhome  incaise  ony  fait 
can  be  reprochit  I  sail  vpoun  tryell  thairupoun  remoif  thame  and  put  vtheris 
in  thair  placeis 

And  that  your  Hienes  wald  tak  the  aduyse  of  'the  wyissast  of  your 
Graceis  college  of  iustice  /  thay  being  vnsuspect  persones  /  concerning  the 
consideratioun  of  your  Maiesteis  decrete  and  my  reductioun  Be  the 
quhilkis  being  reponit  in  my  awin  place  and  my  barnis  craving  me  faderlie  / 
and  haveing  assurance  of  thair  guid  behauiour  and  obedience  towardis  me 
in  all  tymeis  heirefter  /  I  sail  vndouttetlie  do  all  thingis  that  appertenis  ane 
of  my  rank  to  do  to  thair  barnis  /  prouyding  that  I  haif  the  gouernament  of 
thame  and  that  quhilk  I  sail  prouyde  for  thame  /  during  my  lyftyme  /  quhilk 
bayth  the  law  of  God  and  man  willis  thame  to  leif  vnder  my  obedience  and 
commandement 


ANSWERIS  TO  THE  KINGS  MAIESTIE  BY  ANDRO  ERLL  OF  ERROLL  • 
MDLXXXII 

Forsamekle  as  your  Maiestie  hes  requirit  ane   speciale  answer  gif   I 
wilbe  content  that  the  decreit  arbitral!  gevin  be  your  Hines  be  modifeit 

(0  [Dame  Agnes  Sinclair,  daughter  of  George,  fourth  Earl  of  Caithness.] 

(2)  [According  to  the  inscription  on  his  tomb,  on  the  ninth  of  September,  1582.] 


1.582.]  THE    ERROLL    PAPERS.  337 

and  limitat  be  the  aduise  of  the  lordis  of  your  counsale  and  sessioun 
the  said  decreit  standand  in  the  awin  force  /  iForsamekle  thairof  as  be 
the  aduise  of  the  foirsaidis  lordis  efter  thair  modificatioun  salbe  found 
to  stand  /  It  may  plelse  your  Maiestie  That  be  ressone  the  said  decreit 
is  gevin  partialHe  to  the  greit  hurt  of  me  my  hous  and  posteritie  And 
inrespect  alswa  that  according  to  your  Hines  decreit  forsaid  the  saidis 
lordis  of  counsale  and  sessioun  haif  interponit  thair  decreit  and  autho- 
ritie  It  is  onpossible  to  devyse  ane  convenient  securitie  for  derogatioun 
of  the  foirsaid  decreit  except  that  /  be  the  ordiner  remeid  of  reductioun  / 
I  be  reponit  in  the  formair  estait  quhairin  I  wes  befoir  the  submis- 
sioun  And  namelie  becaus  the  maist  pairt  of  my  bairnis  ar  within  thair 
perfyte  aige  /  But  I  being  reponit  as  said  is  I  will  glaidlie  vse  and 
schaw  sic  fatherlie  luif  toward  my  bayrnis  vpoun  thair  gude  deser- 
uyng  and  behauiour  towardis  me  And  support  thame  be  all  meanys  as 
vther  noble  men  in  this  cuntrie  of  my  rank  dois  And  that  with  sic 
expeditioun  as  your  Maiestie  with  aduyse  of  any  thre  nobell  men  vnsus- 
pect  sail  think  expedient  /  In  consideratioun  quherof  I  doubt  not  of 
your  Grace  guid  fauour  towardis  me  your  humble  subiect  And  for  your 
awin  honour  and  relief  of  your  Hines  conscience  your  Maiestie  will 
see  me  exonerat  of  this  importable  burding  quhairwith  I  am  chargeit 
And  be  sum  vther  gude  ordour  lay  vpoun  me  samekle  as  I  may  beir 
according  to  the  honour  and  estait  of  my  hous  And  as  your  Grace  wald 
wishe  to  be  done  to  vtheris  your  subiectis  of  your  realme  nobillis  of  myne 
estait  /  Prayand  your  Hines  rychtlie  to  considder  this  my  vther  informa- 
tioun  be  the  quhilkis  your  Maiestie  may  persaifF  my  evill  handeling  as  is 
notoriuslie  knawin 

Beseikand  your  Grace  to  tak  this  my  ressonable  answer  in  a  guid 
pairt  inrespect  I  am  so  havelie  hurt  and  preiugeit  in  my  honour 
and  levyng  be  the  last  submissioun  /  and  the  eifect  following  thar- 
upoun  /  quhilk  being  devysit  and  pennit  be  my  vnfreindis  of  my  name 
quha  subscriuit  your  Grace  decreit  /  in  the  quhilkis  thai  mak  me  to  be 
interdytit  as  I  war  an  ideott  to  my  dishonour  and  schame  /  It  being 
vnknawin  to  your  Maiestie  quhat  iust  querrell  I  haif  to  ane  of  the 
cheif  devysaris  of  thir  foirsaidis  /  Peter  Hay  of  Meginche  and  his  sonis  / 
And  being  vnreconceillit  with  thame  for  the  cuming  to  my  Place  of 
Slanis  vnder  silence  of  nycht  and  ledderit  the  wallis  thairof  /  Peter 
Heyis  eldest  sone  being  within  the  house  of  Slanis  of  befoir  direct  be 
his  father  to  betraise  me  as  he  did  indeid  /  he  and  his  seruandis  res- 


338  THE    SPALDING   CLUB    MISCELLANY.  [1582. 

sauand  his  fatheris  houshald  seruandis  with  my  awin  brether  and  the 
remanent  of  that  band  /  being  neir  kinnismen  to  the  said  Peter  for 
the  tyme  /  in  ouer  the  walhs  And  thairefter  pat  hand  on  my  awin  body 
And  tuik  me  and  my  bairnis  captiue  retenying  ws  the  space  of  threttie 
dayes  within  the  dungeoun  of  Slanis  on  sett  purpoise  to  haife  tane 
my  awin  lyfF  wer  not  the  help  of  God  and  my  awin  governament  / 
The  said  Peter  heireftir  send  his  sonis  to  the  town  of  Perth  And  thair 
cruellie  slew  my  principale  seruand  for  the  tyme  Neill  Neilsoun  /  nocht- 
withstanding  he  had  the  said  Peters  hand  writt  for  his  assurance  in 
the  contrair  /  And  he  yet  continewand  in  his  former  wraith  towardis  me 
to  the  wrak  and  dishonour  of  me  and  my  hous  can  not  be  satisfeit  with 
the  wrangis  forsaid  Bot  hes  drawin  fra  me  my  awin  bairnis  and  sterit 
thame  vp  in  my  contrair  /  aganis  the  law  of  God  and  natur  /  causing  thame 
to  intromett  with  my  principall  styll  and  leuing  of  Erroll  vpoun  the 
quhilkis  thei  mak  thair  present  chargeis  aganis  all  gude  ressone  vnder  the 
cullour  of  your  Graces  decreit  be  quhome  your  Maiestie  hes  bene  dicet- 
fullie  abusit  in  thair  advyses  in  formyng  of  your  Graces  decreit  /  And  to 
cullour  thair  impietie  wald  mak  your  Majestic  partie  to  me  As  alsua  wald 
haitf  me  takand  remissoun  .to  mak  me  the  mair  odious  to  your  Hienes 
albeit  I  never  deservit  /  nor  nane  of  my  hous  /  ony  sic  remissioun  contenit 
in  your  Grace  decreit  bot  hes  euer  bene  faythfull  and  trew  to  your  Ma- 
iestie and  to  your  Graces  auncient  predecessouris  of  wordie  memorie  .  And 
quhair  thei  falslie  accuse  me  that  I  haiff  gevin  priuie  infeftmentis  to  my 
bedfellow  or  ony  vtheris  to  the  wrak  and  hurt  of  my  hous  sen  the  pro- 
nunceing  of  your  Grace  decreit  /  I  maist  eifectuuslie  desyr  your  Grace  that 
the  samyn  may  be  tryit  in  your  Majesties  awin  presence  I  being  callit 
thairto  with  sic  vther  noble  men  as  your  Grace  pleisis  call  to  that  effect 
And  vpoun  iust  tryell  takin  thairin  your  Majestie  may  haitf  full  pruif  and 
experience  vpoun  the  wrangous  narratiounis  maid  be  my  vnfreindis  quhais 
particular  and  querrell  aganis  me  is  for  the  redemyng  of  my  awin  propir 
heretage  out  of  thair  handis  /  being  wodsett  be  my  father  and  predices- 
souris  /  quhilk  I  haue  brocht  hame  agane  to  the  effect  I  may  be  the  mair  abill 
to  mak  your  Hienes  the  better  seruice  quha  salbe  mair  worthie  and  faythfull 
to  your  Maiestie  to  inioy  the  samyn  induring  my  lyftyme  nor  ony  vther 
that  wald  bereife  me  of  my  pairt  thairof  induring  my  dayes  /  In  considera- 
tioun  quhairof  I  doubt  not  bot  your  Maiestie  will  repone  me  in  my  awin 
place  and  mentene  me  as  your  Hienes  trew  and  efauld  subiect  quha  sail 
neuir  offend  your  Maiestie  God  willing 


15S3.]  THE   ERROLL    PAPERS.  339 


XXXVIII. 

GIFT  OF  THE  ESCHEAT    OF    THE    LANDS  AND    EFFECTS  OF  ANDRd 
ERL  OF  ERROLL  TO  THE  CLERK  REGISTER     V  JULY  MDLXXXIII  • 

James  be  the  grace  of  God  King  of  Scottis  /  To  all  and  sindrie  oure 
liegis  and  subditis  quhorae  it  efferis  quhais  knawlege  thir  our  letteris  sal 
cum  grating  •  Wit  ye  ws  to  haue  gevin  and  grantit  and  be  thir  oure  letteris 
gevis  and  grantis  to  oure  weilbelouit  counsallour  and  daylie  seruitour 
Alexander  Hay  clerk  of  oure  register  his  airis  and  assignais  ane  or  maa 
to  the  behufe  of  the  barneis  of  Andro  Erie  of  Errole  Lord  Hay  Con- 
stabile  of  oure  realme  of  Scotland  procreat  betuix  him  and  his  first 
wyif  /  be  our  avise  and  directioun  /  the  escheit  of  all  guidis  movabill  and 
vnraovabill  dettis  takis  steddingis  rowmes  possessionis  actis  contractis 
actionis  decreitis  obligationis  reversionis  sowmes  of  money  jowellis 
gold  siluer  cunyeit  and  vncunyeit  insicht  plenissing  cornis  cattail 
guidis  and  geir  quhatsumevir  quhilkis  pertenit  to  the  said  Andro  Erie 
of  Errole  and  now  pertenyng  to  ws  fallin  and  becum  in  oure  handis  and 
at  oure  dispositioun  be  rassoun  of  escheit  throw  being  of  the  said  Andro 
Erie  of  Errole  ordourlie  denuncit  oure  rebell  and  put  to  oure  home  be 
vertew  of  oure  vtheris  letteris  in  the  foure  formes  direct  at  the  instance 
of  Gilbert  Reid  of  Colleistoun  aganis  the  said  Erie  and  certane  vtheris 
personis  contenit  thairin  for  non  payment  to  him  of  the  sowmes  of  money 
specifeit  in  our  saidis  vtheris  letteris  /  as  for  the  profBttis  of  the  landis  of 
Knoppislyk  als  callit  Lysk  Grangeoun  with  the  pertinentis  lyand  within 
oure  schirrefdome  of  Aberdene  be  the  space  contenit  in  our  saidis  vtheris 
letteris  as  in  the  samin  letteris  executionis  and  indorsationis  thairof  at 
mair  lenth  proportis  /  or  throw  being  of  the  said  Erie  ordourlie  denuncit 
oure  rebell  and  put  to  oure  borne  be  vertew  of  oure  vtheris  letteris  in  the 
foure  formes  direct  at  the  instance  of  the  said  Gilbert  Reid  of  Colleis- 
toun aganeis  the  said  Erie  for  non  making  of  payment  to  him  of  the  sowmes 
of  money  specifeit  in  oure  saidis  vtheris  letteris  for  the  proffitis  of  his  landis 
of  ...  .  stoun  myln  mylnlandis  and  fischear  hevin  thairof  with  thair  per- 
tinentis lyand  within  oure  said  schirrefdome  of  Abirdene  be  the  space  con- 
tenit in  oure  saidis  vtheris  letteris  /  as  in  the  samin  oura  vtheris  letteris 
direct  thairvpoun  executionis  and  indorsationis  thairof  siclyke  at  mair 
lenth  proportis  •  To  be  haldin  and  to  be  had  tha  escheit  guidis  movabill 


340 


THE    SPALDING   CLUB    MISCELLANY. 


[1584. 


and  vnniovabill  abouewrittin  and  proffittis  thairof  to  our  said  counsallour 
and  dalie  serultor  his  airis  and  assignais  ane  or  maa  with  all  and  sindrie 
commoditeis  fredomes  proffittis  and  richteous  pertinentis  quhatsumevir 
pertenyng  or  that  richteouslie  may  pertene  thairto  /  With  power  to  the 
said  Alexander  his  airis  and  assignais  forsaidis  to  intromit  with  and  tak 
vp  the  saidis  escheat  guidis  and  dettis  quhatsumevir  quharevir  the  samin 
can  be  apprehendit  at  thair  awin  handis  and  to  dispone  thairvpoun  at  thar 
plesour  and  to  occupie  the  saidis  takis  and  stedingis  rowmes  and  posses- 
sionis  gif  ony  be  with  thair  awin  guidis  or  to  set  thame  to  tennentis  as  thai 
sail  think  maist  expedient  during  all  the  tyme  thairof  /  with  all  vtheris  com- 
moditeis and  fredomes  flrelie  quietlie  weill  and  in  peace  but  ony  reuoca- 
tioune  obstacle  impediment  or  aganecalling  quhatsumevir  •  Quhairfore  we 
charge  straitlie  and  commandis  yow  all  and  sindrie  our  liegis  and  sub- 
ditis  foirsaidis  that  nane  of  yow  tak  vpoun  hand  to  mak  ony  lat  stop  or 
distrublance  to  the  said  Alexander  his  airis  and  assignais  foirsaidis  in  the 
peceabill  brouking  joysing  vptaking  intromitting  with  and  disponing  vpoun 
the  escheat  guidis  movabill  and  vnmovabill  abouewrittin  and  proffittis 
thairof  efter  the  forme  and  tenour  of  thir  oure  letteris  vnder  all  our  hiast 
pane  and  charge  that  efter  may  follow  .  Gevin  vnder  oure  privie  seill  at 
Sanctandrois  the  fyft  day  of  Julij  the  yeir  of  God  j"  v<=  fourscoir  thre 
yeris  and  of  oure  rignne  the  sexteine  yeir 

Per  signaturam  manibus  S  •  D  •  N  •  Regis  /  dominorum  sui 
secreti  consilii  ac  thesaurarii  subscriptam  etc 


XXXIX. 


RESOLUTIONS  CONCERNING  ANDREW  EIGHTH  EARL  OF  ERROLL 
PRESENTED  TO  THE  KING.     XV  JANUARY  MDLXXXIV. 


Prosentit  to 
the  Kingis 
Maiestie 
vpoun  the  xv 
day  of  Jan- 
uar  •    138.3   • 


Seing  all  his  Maiesteis  travelles  and  fauour  shewin  for  the  weilfair  of 
the  Erie  of  Erroll  his  hous  and  bairnes  can  not  bring  him  to  the  richt 
consideratioun  of  his  awin  estait  /  bot  that  his  malice  and  vnkynd  dealing 
toward  his  lawfull  bairns  begottin  on  his  first  wiff  is  discoverit  /  and  the  de- 
creit  gevin  be  his  Maiestie  and  the  lordes  of  his  counsell  and  sessioun  con- 
tempned  and  not  obeyit  /  His  Hienes  is  constrenit  to  cum  to  this  resolutioun 

That  the  charges  sail  proceid  aganis  the  said  Erll  with  all  diligence 
quhill  he  obey  the  said  decreit  or  be  put  to  the  home 


1584.]  THE    ERROLL    PAPERS.  341 

Incaiss  he  pas  to  the  home  his  escheate  to  be  disponit  to 

To  the  matenance  of  the  actioun  aganis  him  and  his 
evill  counsell  and  for  the  help  and  intertenyment  of  his  houss  and  bairnis  / 
quhome  thair  fader  hes  neglectit  and  gais  about  vnkyndlie  to  dishereis  / 
And  that  in  respect  the  said  escheat  hes  bene  t^yss  disponit  already  gratis  / 
and  his  Malesteis  fauour  sa  lichtlie  regardit  /  That  now  the  said  dona- 
tour  sail  pay  to  his  Maiesteis  vse  of  the  reddiest  of  the  same  escheat  sic 
a  soume  as  his  Hienes  sail  think  reasounable 

That  Maistres  HeleneO  may  remane  infeft  as  she  dois  for  hir  tochir  / 
and  she  to  mak  resignatioun  of  the  landis  quhairin  she  is  to  be  infeft  in 
her  bruther  Frances  fauour  vpoun  sufficient  securitie  maid  be  him  for  hir 
tocher  /  her  mariage  to  be  exped  /  and  the  Kingis  Maiestie  to  contract  in 
place  of  hir  vnnatural  fader 

His  Maiestie  wilhave  Alexander  Hay  eldest  sone  to  the  said  Erll  placeit 
to  remane  in  the  cumpany  of  the  Capitane  of  the  Castell  of  Edinburgh  / 
quhill  his  habilitie  may  be  tryit  and  him  self  inquirit  vpoun  his  misvsaige 
in  tyme  past  baith  in  his  persoun  and  in  the  dispositioun  of  that  leving  and 
patrimony  quhairvnto  he  wes  apperand  to  succeid  be  fraudulent  and  indirect 
meanes 

And  that  the  said  Alexander  salbe  moved  safar  as  he  may  pretend 
interesse  or  may  be  able  to  agrie  to  mak  sic  titles  in  fauour  of  Frances 
as  men  of  iugement  sail  think  meit  /  The  said  Alexanders  awin  necessair 
and  honorable  sustentatioun  being  weill  prouidit  for  /  as  alsua  of  his 
bruder   Thomas 

Sa  soune  as  the  said  Erll  is  at  the  home  and  be  absenting  himsel  That 
he  be  commitit  to  waird  /  and  incais  of  his  absence  lettres  of  captioun 
to  be  direct 

His  houissis  to  be  chairgeit  to  be  randerit  vnder  the  pane  of  tressoun  /  sa 
mony  of  his  euidentes  as  can  be  gottin  to  be  putt  in  gude  suirtie  /  and  the 
rest  callit  for 

His  wiff  to  be  wrettin  to  further  the  end  of  thir  materis  without  further 
delay  or  trouble 

All  personis  on  the  counsell  or  knawlege  of  the  fraudulent  titles  to  be 
callit  and  examinat  /  quhairthrow  the  trewth  may  be  knawin  and  the  next 
best  remedy  prouidit 

That  the  clerk  of  register  be  his  Maiesties  aduise  and  directioun  may  be 

(1)  [The  Earl's  only  daughter,  born  of  his  first  wife.] 


342  THE    SPALDING    CLUB    MISCELLAXY.  [1585. 

moved  to  mak  assignay  to  the  last  gift  of  escheite 

quhilk  fell  not  vnder  the  submissioun  /  this  assignatioun  to  be  intimat  to 
my  Lord  /  And  sic  as  hes  intromittit  with  the  escheat  guidis  or  ■  rentis 
callit  for  braking  of  arreistment 

And  becaus  in  the  tyrae  of  the  said  erllis  remaining  at  the  borne  sindrie 
partiis  havand  actioun  aganis  him  may  get  greit  advantage  for  null  defence 
to  the  preiudice  of  his  house  /  quhilk  is  the  speceall  thing  socht  to  be 
eschewed  /  Thairfore  his  Majestic  will  wrete  for  the  saidis  partiis  /  and 
move  tharae  to  cum  to  sum  gude  and  reasounable  compositioun  and  to 
transfer  thair  titles  and  actionis  in  Frances  /  be  the  meanes  quhairof  he 
may  atteane  to  the  possessioun  of  a  greit  pairt  of  the  leving  and  frustrat 
the  plattes  devised  aganis  him  and  the  remanent  of  his  moders  bairnis  • 

Further  quhateuer  the  freindes  of  the  said  Erll  of  Erroll  /  that  hes 
takin  the  cair  and  paines  of  this  mater  heirtofoir  /  salhappin  to  think  re- 
quisite and  craue  to  be  done  agreeing  with  iustice  reasoun  and  the  lovable 
custum  of  the  cuntrie  /  be  the  aduise  of  Robert  Erll  of  Merche  /  James 
Erll  of  Arrane  /  Walter  commendater  of  Pettynweme  capitane  of  his 
Hienes  gairds  /  and  Walter  priour  of  Blanter  kepar  of  his  previe  seill  or 
onie  ane  of  thame  /  His  Maiestie  will  bald  hand  and  see  the  same  accom- 
plishit  /  for  the  sure  provisioun  of  the  said  house  in  the  posteritie  gottin 
betuix  the  said  Erll  and  his  vmquhile  spous  and  resisting  and  taking  away 
of  the  fraudes  intendet  for  thair  disheresing. 


MY  LORD  OFF  ERLE  OF  ERROLIS  TESTAMENT  AND  LETTER  WILL  ■ 
I  MARCH   MDLXXXIV  • 

We  Androw  Erll  of  Eroll  Lord  Hay  Great  Constabill  of 
Scotland,  haill  in  niynd  and  bodie  perfect  in  sences  and  vnderstanding  and 
of  guid  memorie  (praisit  be  God)  knawand  na  thing  mair  certane  nor  death 
and. the  hour  thairof  to  be  vncertane  willand  the  verteouss  vpbringing  of  the 
barnis  lauchtfuUie  gottin  and  to  be  gottin  betuix  me  and  Dame  Agnes  Sinclair 
my  present  spous,  and  that  sum  prouisioun  be  maid  for  tharae  in  respect  that 
my  wther  barnis  gottin  betuix  me  and  vmquhile  Maistres  Jeanne  Hay  my 
first  spous  ar  wtherwayis  alreddie  suiBcientlie  provydit  and  forisfamiliat, 
And  siclyk  beand  of  mynd  that,  that  portioun  quhilk  may  fall  to  my  saidis 


1585.]  THE    ERROLL    PAPERS.  343 

barnis  gottin  or  to  be  gottin  betuix  me  and  my  sayd  present  spous,  be  my 
deceis  testament  legacie  or  wtherwayis  be  nocht  dissipat  nor  dilapidat 
makis  this  my  letter  will  and  testament  as  eftir  foUowis,  In  the  first  I  leva 
my  saule  to  the  Almychtie  God  and  beleves  to  be  savit  be  His  mercie 
throw  the  blud  of  His  deir  sone  Jesus  Christ  our  onlie  Saviour  and  Re- 
demer,  Item  makis  nominatis  and  constitutis  the  said  Dame  Agnes  my 
present  spous  and  the  saidis  barnis  lauchfullie  gottin  and  to  be  gottin  betuix 
me  and  hir  my  onlie  executouris  testamentaris  and  onlie  and  vniuersall 
intromittouris  with  my  guidis  and  geir  And  referis  the  inventar  thairof  to 
be  gevin  vp  justHe  be  the  sayd  Dame  Agnes  as  scho  will  ansuer  to  God  in 
the  letter  day  of  jugement,  And  levis  and  disponis  my  pairt  of  the  saydis 
guidis  and  geir  to  the  said  Dame  Agnes  and  barnis  lauchtfullie  gottin  or 
to  be  gottin  betuix  me  and  hir  equalie  to  be  pairtit  amangis  thame  per 
capita  I  And  willis  that  the  portioun  of  ony  of  my  saidis  executouris  that 
hapinis  to  depairt  this  lyfe  sail  accress  to  the  remanent  of  my  saydis  barnis 
executouris  forsaidis  And  that  my  saidis  barnis  and  executouris  forsaidis  be 
educat  and  brocht  vp  in  vertew  vpone  the  brok  and  proffeit  of  thair  geir 
but  hurt  or  diminutioun  of  the  stok  or  principall,  Item  I  mak  nominat  and 
constitut  the  said  Dame  Agnes  during  her  wedoheid  tutrix  testamentar  of 
my  saidis  barnis  executouris  forsaidis  And  failyeing  of  hir  be  deceiss  or  gif 
it  salhappin  hir  to  marie  during  the  pupillaritie  of  my  saidis  barnis  exe- 
cutouris forsaidis  In  that  caice  I  mak  and  constitut  George  Sinclair  chan- 
celare  of  Cathnes  and  Gilbert  Hay  of  Percok  coniunctim  tutoris  testa- 
mentaris to  my  saidis  barnis,  In  witnes  of  the  quhilkis  to  this  my  letter 
will  and  testament,  subscryuit  with  my  hand  as  efter  followis  my  proper 
seill  is  aifixt  At  Sandend  the  fyrst  day  of  Merche  the  yeir  of  God  ane 
thousand  fywe  hundreth  four  scour  four  yeiris,  Befoir  thir  witnessis  Alex- 
ander Hay  in  Ardmakorn  Johnne  Cunnisoun  our  serwand  Mr  Alexander 
Bruce  minister  of  Gods  word  at  the  kyrk  of  Crodan,  and  Maister  Johnne 
Robertsoun  notar  publict 

Ita  est  Magister  Joannes  Robert-  Andro  Erll  off  Erroll 

soun  notarius  publicus  ac  testis  in  with  my  hand 

premissis  ad  hec  manu  propria 

Jhone  Gunnison  witnes 

Alex"'  Hay  witnes 

M.  Alexander  Bruce  witnes. 

2x 


344  THE    SPALDING    CLUB    MISCELLANY.  [1585- 


XLI. 

THE  TESTIMONIALL  OF  MY  LORDIS  DECLARATIOUN  VPON  HIS 
CONSCIENCE  CONCERNING  HIS  EVIDENTIS  OF  THE  LEVING  OF 
EROLE  AND  VTHER  THINGIS.     Ill  OCTOBER  MDLXXXV. 

At  the  Place  of  Slaynis  the  thrid  day  of  October  the  yeir  of 
God  j™  v°  fourscoir  fywe  yeris 
The  quhilk  day  in  presence  of  ws  the  minister  notar  and  witnessis  wn- 
derwrittin  /  Ane  nobil  lord  Androw  Erie  of  Erroll  being  seik  in  body  hot 
haill  and  perfyte  in  mynd  and  vnderstanding  And  throw  the  said  seiknes  in 
that  estait  of  weakness  that  it  is  vnabill  to  him  to  travell  be  ony  way  to 
declair  his  conscience  in  the  mater  wnder  writtin  beffoir  the  jugeis  compe- 
tent to  that  effect  /  the  quhilk  thing  we  testifie  to  be  of  trewth'  wpone  our 
conscience  be  thir  presentis  /  Esponit  and  declarit  wpone  his  conscience 
taking  God  to  witness  beffoir  quhome  he  protestit  to  compeir  schortlie 
That  the  haill  writtis  and  ewidentis  concerning  the  house  and  lewing  of 
the  Erledome  of  Erroll  quhilkis  he  hes  or  ewer  had  wndelywerit  togidder 
with  the  inventour  of  the  samin  ar  in  his  chartour  kist  quhilk  standis  in 
the  Tour  of  Logy  and  is  knawin  weill  anewche  to  syndrie  his  freindis  And 
in  ane  wther  quhyit  Flanderse  kist  standing  thair  also  /  except  sa  mony 
writtis  as  his  lordschip  hes  send  away  presentlie  to  be  delywerit  and  sub- 
scrywit  the  inventour  thairof  And  that  for  fulfilling  of  the  letteris  of  the 
lordis  of  counsall  chairgeing  his  lordschip  to  that  effect  /  Lyik  as  also 
annent  the  sowme  of  awchteine  thousand  merkis  contractit  be  his  lordschip 
to  be  wairit  and  imployit  to  the  wtilitie  of  him  selfe  wyfe  and  thair  bairnis 
for  performance  quhairof  his  lordschip  is  chairgeit  be  wertew  of  the  saidis 
letteris  /  the  said  nobill  lord  declairit  and  exponit  wpone  his  conscience  that 
the  said  sowme  was  collectit  and  gadderit  togidder  and  diligence  maid  for 
wairing  and  imploying  the  same  conforme  to  the  tennour  of  his  obligatioun 
thairanent  And  that  the  said  sowme  collectit  togidder  as  said  is  /  besyde 
and  attour  wther  grit  sowmeis  and  wther  geir  alsweill  pertening  to  wtheris 
and  committit  thair  to  him  in  keipping  as  the  geir  pertening  to  him  selfe  / 
was  in  the  said  Towre  of  Logy  put  thair  be  him  And  that  his  lordschip  was 
than  lyik  as  he  is  yit  willing  (wpone  the  restitutioun  of  his  said  house 
agane  and  geir  quhilk  thairin  wes  contenit  in  sik  full  delywerance  as  it  was 


1589.]  THE    ERROLI,    PAPERS.  345 

takin  and  ressawit)  that  the  saidis  ewidentis  and  writtis  quhatsumewer  he 
is  chairgeit  with  all  be  delywerit  furth  of  the  said  chartour  kist  standing  as 
said  is  to  sik  as  hes  entress  thairwnto  And  that  the  said  sowme  be  em- 
ployit  efter  the  tennour  of  the  obligatioun  maid  thairannent  /  And  for  mair 
suirtie  therof  and  performance  of  all  wther  conditiounis  his  lordschip  is 
obleissit  to  thame  at  quhais  instance  he  is  chairgeit  with  the  lettris  foir- 
saidis  as  said  is  /  He  is  content  and  consentis  the  full  restitutioun  foirsaid 
being  maid  to  find  sufficient  cawtioun  or  wther  sikkerness  as  be  ony  law 
or  ressoun  can  be  dewysit  /  And  because  he  is  nocht  able  to  trawell  him 
selfe  to  the  effect  foirsaid  for  performance  thairof  hes  gevin  full  power  and 
commandiment  to  that  effect  /  In  respect  of  the  quhUkis  premisses  and 
obedience  foirsaid  protestit  the  executioun  of  the  foirsaidis  letteris  sould 
haue  na  effect  aganis  him  /  The  quhilk  declaratioun  of  the  said  nobill  lord 
foirsaid  we  testifie  to  be  of  trewth  and  weritie  be  thir  presentis  subscrywit 
with  our  handis  as  followis  day  yeir  and  place  foirsaid  in  witnesse  and 
testimonie  of  the  premisses 

M.  Alexander  Bruce  minister  at  Crudane 

witnes  in  the  premises 
Ita  est    Magister   Joannes   Robertsoun 
notarius    publicus   ac    testis  in   premissis 
ad  hec  manu  propria 
Alexander  Lord  Saltoun  witnes 
Patrik  Mowat  of  Boquholle  vitness 
George  Mester  of  Saltoune  witnes 
M.  William  Striuiling  persone  of  Aberfule 
witnes  to  the  forsaid  declaration 


XLII. 
LICENCE  BY  KING  JAMES  VI.  TO  FRANCIS  NINTH  EARL  OF  ERROLL  • 

Rex  . 

We  be  the  tennour  heirof  freithis  and  relevis  our  richt  traist  cousing 
and  counsalour  Frances  Erll  of  ErroU  Lord  Hay  Constable  of  our  Realm 
of  his  present  ward  appointit  to  him  in  the  north  of  Scotland  And  gevis 
him  liberty  to   repair    to   our  burgh  of  Edinburgh  for  awaitting  on  his 


346  THE    SPALDING    CLUB    MISCELLANY. 

causses  in  law  and  in  all  vther  partes  of  our  realme  as  our  fre  liege  with- 
out cryme  pane  or  danger  to  be  incurrit  be  him  Dischargeing  him  simpli- 
citer  of  the  same  be  thir  our  letteris  subscriuit  with  our  hand  and  vnder 
our  signet  At  Leith  the  xxij  day  of  October  and  of  our  regn  the  xxiij 
yeir  •  1589  • 

James  R- 


XLIII. 

LETTER    FROM    THE    PRIVY    COUNCIL    TO    WILLIAM   TENTH    EARL 
OF    ERROLL.       XVIII    MAY    MDCXXXIH. 

Letter  from  After    our   verie    heartlie    commendatiounis    to    your   good    lordschip 

the  Privy         Whereas  the  Kingis  Maiestie  intends  God  willing  to  ryde  fra   Falkland 

Council  to  the  ^  ,.    t  i         •  t      •        i    •   r. 

Earl  of  ErroU,  to   Perth    vpon    the   aucht    day    of   July  nixtocorae    It   is   thairfoir   verie 

concerning  the  ngcessar  for  the  honnour  and   credite  of  the  countrie  that  his   Maiestie 
attendance  oi  •    i    •        i        i-    i  «     ,    ^        ,  • 

the  King  from  be  Weill  attended  and  accompanied  in   that  little  progresse  And  tor  this 

Falkland  to      effect  these  ar  to  requeist  and  desire  your  good  lordschip   That  accom- 

Mav  1633.       panied  with  your  freinds  weill  horsed  and  in  good  equippage  and  appareil 

yow  prepare  your  selffes  to  meit  his  Maiestie  vpon  some  part  of  the  hie 

way   within  twa   myle   of  the  bridge  of   Erne  on  the  south  side  thairof 

and  to  attend  his  Maiesties  convoy  therefra  towards  Perth  And  that  no 

rascalls  commouns  nor  others  be  suffered  to  be  in  your  lordschips  com- 

panie  bot  gentlemen  weill  horsed  and  in  good  equippage  Not  hindering 

alwayes  the  commouns  to  stand  vpon  the  gait  side  and  to  gett  a  sight 

of  his  Maiestie  And  recommending  this  to  your  lordschips  care  as  a  point 

of  service  highlie   concerning   his   Maiesties  contentment  and  credite  of 

the  countrie  we  commit  your  lordschip  to  God  /  Frome  Halyruidhous  the 

-xviij  day  of  May  1633 

Your  lordschips  verie  assured  good  freinds 

Geo.  Cancellarius 

WiGTOUNE 

Traquaire 
S'  Thomas  Hope 
James  Baillie 
To  our  verie  honourable  good  lord 
The  Erie  of  Erroll 


THE    ERROLL    PAPERS.  347 


XLIV. 


THE  COPPY  OF  THE  TABILL  QUHILK  VES  AT  COWPER  OF  AL 
THE  ERLES  OF  ERROLL  QUHILK  VER  BURYD  IN  THE  ABBEY 
KIRK    THAIR 

•  Hie  desunt  multorum  Dominorum  predecessorum  nomina  •  a  primo 
HAY  •  qui  devicit  Danios  ■  sub  Kenetho  tertio  •  anno  Domini  [circa 
■  Dcccc  •  Lxxx]   •   ad   hunc   DAUIDEM  •  qui  vixit  anno- 

■  Memorandum  •  Quod  DOMINUS  DAUID  de  Errol  •  interfectus 
erat   ad    bellum    de    Duram  •    [anno   Domini  •  m"  •  ccc"  •  xlvi  .] 

•  •  Item  •  DOMINUS  NICOLAUS  DE  HAYA  •  dominus    de    Er- 
rol •  interfectus  fuit  ad  bellum  de  ■  anno  Domini  • 

Quorum  corpora  requiescunt  coram  altari  huius  monasterij  de 

Cupro  • 

■  Item  •  Anno  Domini  •  m«  •  ccC  •  xxxiij  •  nono  Kalendas  Maij  •  Obiit 
piememorie  •  DOMINUS  GILBERTUS  HAY  •  apud  Aberdein  •  et 
sepultus  est  apud  Cuprum  ■  xiij"  •  Kalendas  eiusdem  mensis  •  coram  altari 
Sancti  Andree  • 

■  Item  •  Anno  Domini  •  m°  •  cccC  •  vj  •  sexto  Kalendas  Julij  •  Obiit  pie 
memorie  •  DOMINUS  THOMAS  DE  HAY  ■  Constabularius  Scocie  • 
apud  Inchetuthel  •  et  sepvltus  est  apud  Cuprum  • 

■  Item  •  DAUID  DE  HAY  ■  filius  quondam  dicti  Thome  •  sepultus 
est  ibidem  • 

•  Item  •  anno  Domini  •  m°  •  cccc"  •  [xxxjvii  .  in  crastino  Pentecos- 
tes  .  Obijt  DOMINUS  GULIELMUS  DE  HAYA  •  Constabularius 
Scocie  •  Dominus  de  Errol  •  apvd  Furvie  •  et  sepultus  est  apud  Cuprum  - 


348  THE    SPALDING   CLUB    MISCELLANY. 

•  Item  •  Anno  •  m°  ■  cccc"  ■  xxxvj  •  septimo  Idus  Septembris  ■  Obijt 
apud  Admuir  •  GILBERTUS  DE  HAY  ■  filius  et  heres  dicti  Gulielmi 
de  Hay  •  de  Erol  •  et  sepultus  est  apud  Cuprum  ■ 

■  Item  .  GULIELMUS  COMES  DE  ERROL  •  Constabularius 
Scocie  •  obijt  apud  Slanis  •  et  sepultus  est  apud  Cuprum  •  Anno  Do- 
mini •  m"  •  cccc°  ■  Ix  •  mensis  Augusti  •  xix  ■ 

•  Item  •  NICOLAUS  COMES  DE  ERROL  •  filius  quondam  Gu- 
lielmi Comitis  de  Errol  •  obijt  apud  Killimuir  •  et  sepultus  est  apud 
Cuprum  •  Anno  Domini  •  m°  •  cccc°  ■  Ixvij  •  mensis  Augusti  •  xxiv  . 

•  Item  •  Anno  Domini  •  m-  d-  Obijt  pie  memorie  •  ELISABETH 
GORDON  ■  COMITISSA  DE  ERROLL  •  et  Domina  de  Ken- 
iiedio  •  XV  ■  Calendas  Maij  •  Et  sepulta  est  in  Cupro  . 

•  Item  •  Anno  Domini  •  m  •  d  •  vi  •  Obijt  pie  memorie  .  GULIEL- 
MUS DE  HAY  •  Scocie  Constabularius  •  nee  non  Comes  de  Errol  ■ 
XIV  .  mensis  Januarij  •  Et  sepultus  est  in  Cupro  • 

-  Item  .  pie  memorie  •  DOMINUS  GULIELMUS  HAY  ■  Comes 
de  Errol  •  ac  Constabularius  Scocie  •  ac  Vicecomes  de  Aberdein  •  inter- 
fectus  fuit  cum  Domino  Rege  lacobo  iV  •  ad  bellum  de  Flowden  •  Anno 
Domini  •  m  ■  d  ■  xiii  •  Sepultus  in  •  Et  cum  eo  •  lxxxvij  • 

ex  eodem  cognomine  • 

•  Item  •  xxviii"  •  die  mensis  Julij  •  Anno  Domini  •  m  •  d  •  xxii  •  Obijt 
GULIELMUS  HAY  •  DE  ERROL  COMES  •  Vicecomes  de  Aber- 
dein •  Constabularius  Scocie  •  apud  Edinburgh  •  et  sepultus  est  apud 
Cuprum  ■  Etatis  sue  •  xxvii"  • 

■  Item  ■  XI  •  die  mensis  Aprilis  •  Anno  Domini  •  wt  ■  d  •  xli  •  Obijt 
GULIELMUS  HAY  •  filius  et  heres  suprascripti  Gulielmi  •  apud  Edin- 
burgh •  etatis  sue  anno  "•  xx"  • 

•  Item-  penultimo  die  mensis  Januarij  •  Anno  Domini  •  m-  d  .lx[x]iii  • 


THE    EKROLL    PAPERS.  349 

Obijt    bone    memorie  •  GEORGIUS    COMES    DE    ERROL  •  apiul 
Pertham  •  et  sepultus  est  Errolie  • 

•  Item  ■  viii"  •  die  mensis  Octobris  •  Anno  Domini  •  m  •  d  ■  lxxxv  ■ 
Obijt  ANDREAS  COMES  DE  ERROL  •  apud  Slanis  •  et  sepultus 
est  ibidem  - 


XIII. 
PAPERS 


THOMAS  INNES,  PRINCIPAL  OF  THE  SCOTS 
COLLEGE  AT  PARIS, 

AND 

DOCUMENTS   CONNECTED   WITH   HIS 
FAMILY. 


PAPERS  BY  FATHER  INNES. 


COPY    OF    MR.    THOMAS    INNES'S   LETTER    TO    THE    KlNG.(i) 

SIR, 

After  having  waited  long  for  a  sure  conveyance,  I  have  delivered  to 
one  Dr.  Hai/,  who  goes  to  Italt/  along  with  some  English  gentlemen,  a 
book  in  two  volumes,  lately  printed  at  London,  intitled,  A  Critical  Essay 
on  the  Ancient  Inhabitants  of  the  Northern  Parts  of  Britain,  or  Scot- 
land. This  Dr.  Hat/  is  known  to  Mr.  Edgar,  and  to  others  your  Majesty's 
servants,  and  will  carefully  convey  this  book.  Your  Majesty  hath  already 
had  some  account  from  my  brother  of  the  subject  of  it,  and  I  beg  leave 
to  give  it  some  more  at  length. 

I  have  set  down  in  the  Preface  and  Introduction  to  this  small  book 
the  general  motives  of  my  undertaking  it,  such  as  I  thought  proper  to 
render  public.  But,  besides  these,  I  had  another  motive  that  related 
more  immediately  to  the  right  of  the  crown,  and  to  your  Majesty's  service, 
with  which  I  could  not,  in  the  place  and  circumstances  I  was  obliged  to 
live  during  the  impression,  openly  or  barefacedly  acquaint  the  public  with- 
out awakening  the  governing  powers,  and  manifestly  hazarding  the  printer, 
the  copies,  and  the  author,  to  be  seized  upon. 

Having  spent  many  years  in  the  search  and  examination  into  all  I 
could  hear  of  within  our  island  of  the  remains  of  what  related  to  the 
history  and  antiquities  of  Scotland,  I  could  not,  without  concern,  behold 
the  fabulous  and  seditious  accounts  of  the  ancient  state  of  that  kingdom 
left  by  our  modem  writers.     Boece  and  Buchanan  continue  still  without 

(0  [The  son  of  King  James  II.,  commonly  known  by  the  style  of  the  Chevalier  de 
St.  George,  and  by  his  adherents  called  King  James  III.] 


354  THE    SPALDING   CLUB    MISCELLANY.  [1729- 

being  examined  into  and  controlled,  to  be  lookt  upon  as  the  common 
standard  of  the  history  of  Scotland  in  ancient  times,  though  they  be  not 
only  contrary  to  all  the  remains  we  have  of  our  more  ancient  writers,  but 
that  the  principles  they  are  built  upon,  and  the  practices  that  they  autho- 
rise and  commend,  have  been  the  chief  source  of  all  the  rebellions  that 
have  happened  in  that  kingdom  within  these  last  two  hundred  years :  that 
is,  since  A.D.  1488,  which  is  the  date  as  well  of  the  first  successful  rebel- 
lion in  Scotland,  to  wit,  that  against  king  James  III.,  as  of  the  first 
Act  against  the  right  of  monarchy  which  was  designedly  made  by  the 
authors  of  that  rebellion  to  screen  themselves  from  the  punishment  due 
to  their  crime  by  all  the  former  and  the  then  standing  laws  of  the  king- 
dom, as  well  as  from  the  indignation  of  all  the  crowned  heads  in  Europe. 

Now,  in  order  to  support  and  justify  with  posterity  this  attempt  and 
act,  (of  which  no  precedent  was  to  be  found  in  any  former  reign  since  the 
beginning  of  the  Scotish  monarchy,  and  nothing  to  be  met  with  in  any 
history  of  Scotland  till  that  time  that  could  authorize  them,)  there  were 
very  soon  after  (no  doubt  by  the  contrivance  of  some  of  the  adherents  of 
those  conspirators)  some  historical  pieces  forged  under  the  names  of  a 
Veremundus,  a  Spaniard,  and  of  other  such  Utopian  writers,  containing 
a  story  of  forty  pretended  ancient  Scotish  kings,  with  details  of  their  lives, 
actions,  and  exits,  not  only  never  heard  of  till  that  time,  but  contradicted 
by  all  the  remains  we  have  of  former  writers  :  and,  in  this  new  invented 
history  of  the  Scots,  these  kings  are  made  accountable  to  their  subjects ; 
and,  accordingly,  of  these  forty  kings,  about  a  third  part  are  arraigned, 
or  condemned,  or  punished  by  their  subjects  for  pretended  maladminis- 
tration. 

It  was  upon  these  new  invented  stories  and  forged  memoirs  (which  dis- 
appeared as  soon  as  they  had  served  the  turn),  that  the  history  of  the  first 
forty  kings  of  the  Scots  was  drawn  up.  Copies  of  these  were  made,  and, 
as  having  been  taken  from  ancient  and  genuine  historical  monuments  newly 
found  out  in  a  remote  corner  of  the  kingdom,  they  were  sent  to  Hector 
Boece,  a  very  credulous  writer  in  the  beginning  of  the  sixteenth  century  ; 
and,  without  farther  examination  upon  these  and  such  other  vouchers, 
Boece  wrote  a  new  history  of  Scotland,  beginning  with  the  reigns  of  these 
forty  kings  lately  invented. 

This  history,  with  the  enumeration  of  so  many  ancient  kings  of  Scots 
deposed  by  their  subjects,  together  with  the  foresaid  Act,  made  A.D.  1488, 


1729.]  PAPERS    BY   FATHER    INNES.  355 

against  the  monarchy  of  king  James  III.,  became  the  foundation  upon 
which  the  new  reformers  in  Scotland  proceeded  to  depose  their  sovereign, 
queen  Mary,  A.  D.  1567  ;  and,  to  justify  farther  that  attempt,  George 
Buchanan,  a  zealous  Calvinist,  and  the  best  orator  of  the  times,  was  em- 
ployed, first,  to  write  a  libel,  intitled,  De  jure  Regni  apud  Scotos,  chiefly 
grounded  upon  the  precedents  of  the  deposing  power  contained  in  the 
story  of  the  first  forty  kings  :  and  soon  after,  this  same  Buchanan  wrote 
himself  the  history  of  these  forty  kings  in  a  more  polite  style,  to  render 
it  more  taking,  though  he  knew  it  to  be  mere  fable,  and  with  new  examples 
of  the  popular  power  continued  down  to  his  own  time. 

Both  which  pieces  of  Buchanan,  though  condemned  by  an  Act  of  Par- 
liament of  king  James  VI.  as  satyres  upon  monarchical  government,  have 
nevertheless  continued  ever  since  to  give  the  handle  to  all  the  rebellions 
of  the  last  age  in  that  kingdom.  It  was  chiefly  the  precedents  and  prin- 
ciples contained  in  them,  joined  to  the  fanatical  spirit  of  the  time,  that 
armed  the  subjects  in  Scotland  against  your  grandfather,  king  Charles  I. 
It  was  upon  the  same  principles  and  pretended  right  to  call  the  sovereign 
to  account,  that  the  factious  party  in  the  Scotish  convention,  A.D.  1689, 
proceeded  to  that  height  of  insolence,  as  to  declare  that  your  royal  father 
had  forfeited  the  crown.  And  since  the  Revolution,  these  wretched  libels 
of  Buchanan  are  become  as  classic  authors,  put  into  children's  hands  in 
our  Scotish  schools,  and  are  commonly  looked  upon  by  strangers  abroad 
as  the  only  standard  of  Scotish  history  and  of  the  right  of  monarchy  : 
which,  in  all  appearance,  contributes  not  a  little  to  render  foreign  princes 
so  little  sensible  of  the  crying  injustice  done  your  Majesty. 

Now,  in  this  Essay  I  have  endeavoured  to  go  to  the  root  of  these  anti- 
monarchical  principles,  to  discover  the  forgery  of  the  vouchers  upon  which 
they  are  built,  and  to  find  out  the  date  of  them.  This  subject  is  particu- 
larly handled  from  page  214  till  page  395,  besides  what  is  said  in  other 
places,  and  what  I  may  have  farther  occasion  to  add,  if  I  live  to  continue 
on  the  other  part  of  the  Essay. 

Your  Majesty  will  easily  perceive  that  it  was  no  easy  matter  in  these 
times  to  publish  in  London  a  piece  of  this  nature,  which  strikes  at  the 
root  of  the  Revolution  principles  in  Scotland ;  and  that  I  behooved  to  give 
the  air  of  a  bare  historical  fact,  and  treat  as  it  were  by  the  by,  joined  in 
with  a  great  variety  of  other  critical  discussions,  and  bring  it  in  as  a  ne- 
cessary part  of  my  subject,  under  the  pretence  of  enquiring  into  the  true 


356  THE   SPALDING   CLUB    MISCELLANY.  [1729. 

era  of  the  Scotish  monarchy.  But  it  is,  I  hope,  no  less  effectually  done, 
and  the  dark  contrivance  of  the  forgery  and  source  of  the  anti-monarchical 
principles  in  Scotland  no  less  fully  laid  open,  than  if  I  had  openly  declared 
my  design. 

Besides  the  duty  of  all  good  subjects  to  concur  in  their  respective 
stations  to  vindicate  the  honour  and  support  the  rights  of  the  crown,  and 
the  many  particular  obligations  we  in  this  house  lie  under  to  your  royal 
father  of  blessed  memory,  and  to  your  Majesty  for  your  constant  protec- 
tion, we  cannot  better  answer  the  intentions  of  the  two  founders  of  this 
college  than  by  giving,  as  occasion  offers,  all  the  proofs  we  are  able  of  our 
steady  adherence  to  the  crown,  and  by  educating  all  those  that  Providence 
places  under  our  care  in  the  same  principles. 

The  first  of  our  founders,  David  Murray,  bishop  of  Murray,  above 
four  hundred  years  ago,  was  pursued  by  sea  and  land  by  the  usurper  of 
these  days,  Edward  I.,  king  of  England,  bore  with  perseverance  to  be 
deprived  of  his  bishopric,  banished  his  country,  and  even  to  be  excommuni- 
cated by  the  Pope,  for  no  other  cause  than  his  unalterable  adherence  to  his 
lawful  sovereign,  king  Itobert  the  Bruce.  And  our  second  founder,  James 
Bethune,  archbishop  of  Glasgoto,  bore,  with  no  less  constancy,  the  forfei- 
ture of  his  dignity,  the  confiscation  of  all  that  belonged  to  him,  and  a  per- 
petual exile,  for  his  firm  attachment  to  his  oppressed  sovereign,  queen 
Mary. 

It  was  in  imitation  of  these  eminent  patterns  of  loyalty,  that  I  have 
spared  no  pains,  and  ran  some  risks,  to  go  to  the  bottom  of  the  dark  con- 
trivances of  factious  men  against  the  sovereignty  of  our  kings,  and  to  de- 
monstrate their  original  forgery ;  and  that  my  brother  has  spared  no  ex- 
pense to  have  it  done. 

If  this  performance,  such  as  it  is,  proves  as  much  to  your  Majesty's  sa- 
tisfaction as  I  have  ground  to  hope  it  will  to  the  advantage  of  monarchy, 
I  have  my  aim  in  giving  this  proof  of  the  most  profound  and  most  dutiful 
veneration,  with  which,  I  am, 

SIR, 


Your  Majesty's  most  humble,  most  obedient, 

and  most  faithful  subject  and  servant. 
Paris,   17th  October,  1729. 


1732.]  PAPERS   BY    FATHER   INNES.  357 


II. 

THREE  ARTICLES  COPIED  OUT  OF  THE  BISHOP  OF  ROCHESTER'Sd) 
LETTERS  TO  MR.  DANIEL  WILLIAMS,  RELATING  TO  MR.  INNES'S 
CRITICAL  ESSAY. 

Montpelier,  February/  26th,  1730. 
MR.  INNES,  of  the  Scotch  College,  a  good  and  learned  man,  has  pub- 
lished a  book  about  the  antiquities  of  his  country,  written  with  great  know- 
ledge and  judgment,  and  effectually  disproving  the  fabulous  relations  em- 
braced by  his  countrymen.  Bishop  Stillingjleet  and  bishop  Lloyd  began 
this  attempt ;  but  he  has  set  the  point  aimed  at  in  a  much  clearer  and  fuller 
light  than  either  of  them,  and  has,  at  the  same  time,  given  an  excellent 
account  of  the  rise  of  the  deposing  doctrine  amongst  them,  and  of  the 
times  when,  and  the  reasons  why,  it  came  into  fashion,  and  of  the  manifest 
forgeries  introduced  into  their  history  in  order  to  countenance  it ;  so  that 
he  has  certainly,  by  these  means,  done  the  royal  cause  a  signal  service.  I 
doubt  not  but  he  has  sent  a  book  to  the  king,  of  which  I  suppose  you  may 
have  the  use,  and  will  be  pleased  with  the  perusal  of  it,  notwithstanding 
the  repetitions  and  digressions  with  which  it  is  clogged,  and  the  dryness  of 
the  subject  itself. 

Paris,  May  22,  1T30. 
You  are  in  a  mistake  if  you  think  that  I  saw  a  line  of  Mr.  Inness  book 
before  it  was  published.     I  think  myself  obliged  to  do  him  justice  on  that 
head;  and  for  that  reason,  if  I  had  no  other,  must  have  undeceived  you  by 
the  first  opportunity. 

February,  25th,  1732. 
MR.  WADDELL  has  come  to  Paris,  but  I  have  not  yet  seen  him. 
When  I  do,  I  shall  frankly,  though  civilly,  tell  him  my  mind  about  his  paper 
of  objections,'")  which  I  have  considered,  as  I  have  Mr.  Inness  book,  with 

(1)  [Dr.  Francis  Atterbury.] 

(2)  [These   objections  were  afterwards  published  under  the  title  of.  Remarks  on  Mr. 
Innes's  Critical  Essay  on  the  Ancient  Inhabitants  of  the  Northern  Parts  of  Britain  or  Scot- 


358  THE    SPALDING   CLUB    MISCELLANY. 

attention,  and  am  sufficiently  master  of  these  matters  to  shew  him  that  he 
has  said  nothing  to  shake  Mr.  Innes's  proofs,  nothing,  indeed,  but  what 
Mr.  Innes  himself  had  in  his  book  started  and  answered  ;  and  if  Mr.  Waddel 
had  read  it  over  with  that  care  and  consideration  he  should  have  done,  he 
would  never  have  writ  that  paper.  Mr.  Innes's  scheme,  accounting  for  the 
fabulous  genealogy  of  their  kings,  from  Fergus  I.  to  Fergus  II.,  will  stand 
against  all  objections.  All  future  antiquaries,  when  the  present  prejudices 
are  allayed,  will  certainly  embrace  it,  as  I  find  those  of  the  Scotch  nation 
that  are  most  knowing  in  these  matters  at  present  do,  particularly  Lord 
Panmure,  who  is  very  learned  that  way,  and  was  formerly  on  the  other 
side  of  the  question. 


REMARKS    ON    A    CHARTER    OF    PRINCE    HENRY,    SON    OF 
DAVID    I.      BY    THOMAS    INNES. 

CHARTA      HENRICI      COMITIS      NORTHUMBRIyE,      FILII       DAVIDIS       I.       REGIS 

scoTTORUM,  CIRCA  A.  D.  MCXL.     Ex  Chartulario   Prioratus    Sancti 
Andrea  in   Scotia,   folio    92.   penes   Comitem  de   PanmureM 

XlENRICUS  comes  filius  Dauid  Regis  Scottorum  •  Omnibus  fidelibus  et 
amicis  suis  •  Salutem  •  Sicut  filiis  nequam  pessimorum  patrum  imitatoribus 
peccata  patrum  et  sua  reddenda  cognouimus  •  ita  iustorum  filiis  •  si  iusticias 
patrum  sectati  fuerint  ■  bona  retribuenda  confidimus  .  Unde  ego  Henricus 
gloriosi  et  illustris  •  Regis  Dauid  filius  .  et  Deo  propicio  et  Rex  desic/na- 
tus  •  amorem  et  sollicitudinem  quam  predecessores  mei  circa  Dei  ecclesias 
habuerunt  •  quam  et  me  pater  meus  •  Rex  et  docet  et  docuit  •  habere  in 
animo  meo    statui  •  Concede   igitur  ecclesie    Beati  Andree  •  et  Roberto 


land.  Edinburgh,  1733.  4to.  This  tract  has  been  recently  reprinted  in  a  volume  en- 
titled, Scotia  Rediviva  :  a  Collection  of  Tracts  illustrative  of  the  Historj'  and  Antiquities 
of  Scotland,  vol.  i.  pp.  225—236.    Edinburgh,  1826.     8vo.] 

(1)  [Liber  Cartarum  Prioratus  Sancti  Andree  in  Scotia  e  Registro  ipso  in  archivis  Baronuni 
de  Panmure  hodie  asservato,  pp.  192,  193.     Edinburgi,  1841.] 


■  PAPERS    BY    FATHER    INNES.  359 

prirao  eiusdem  ecclesie  priori  •  et  canonicis  ibidem  Deo  seruientibus  et  ser- 
uituris  •  donaciones  quas  uenerabilis  pater  •  Robertus  episcopus  consilio 
patris  mei  et  assensu  ■  atque  meo  •  eisdem  contulit  •  sicut  carta  ipsius  epis- 
copi  testatur  •  Donaciones  nichilominus  patris  mei  ex  propriis  redditibus  ■ 
sicut  per  certam  suam  •  Rex  pater  meus  eisdem  concessit  et  confirmauit  • 
imperpetuura  possidendas  •  Testibus  Roberto  episcopo  eiusdem  ecclesie  • 
et  Dunecano  comite  •  et  Willelmo  capellano  •  et  Herberto  camerario  •  et 
Alfvvin  filio  Archill  ■  et  Malothen  le  Mareschald  •  Apud  Chilrimund 

REMARKS    ON    THE    ABOVE    CHARTER. 

J.  HAVE  taken  some  more  time  to  put  in  order  the  remarks  which 
I  designed  to  send  you  upon  the  charter  of  prince  Henry,  son  to  king 
David  /.,  because  they  are  of  some  importance  to  the  succession  of  the 
royal  family  in  general,  and  to  vindicate  that  pious  king  from  the  re- 
flexions which  his  devotion  and  liberality,  rather  by  the  abuses  which  the 
alterations  happened  in  after  ages,  gave  occasion  to,  than  by  the  circum- 
stances our  country  was  in  when  king  David  I.  lived. 

The  remarks  then  upon  the  style  of  prince  Henry's  charter  to  St. 
Andreios  may  be  reduced  to  two  heads.  The  one  concerns  the  unusual 
title  of  Rex  designatus,  which  prince  Henry  takes ;  the  other,  concerning 
the  great  love  and  zeal  that  king  David  had,  according  to  the  example  of 
his  predecessors,  for  the  church,  and  which  he  was  careful  to  inspire  into 
the  prince,  his  son,  by  word  and  example. 

As  to  the  first  head,  to  wit,  the  title  of  Rex  designatus,  given  to  prince 
Henry  in  the  charter,  as  it  is  also  given  to  him  in  other  charters  of  the 
same  chartulary  of  St.  Andreios,  by  the  king(')  his  father,  and  by  the 
bishop  of  St.  Andreiv's.C')  To  understand  the  grounds  of  this  singular 
conduct  of  that  wise  and  holy  king  towards  the  prince,  his  son,  we  must 
consider  that,  from  the  first  establishment  of  the  monarchy  of  the  Scots  in 
Britain,  by  Fergus,  son  of  Erch,  who  was  the  first  founder  of  it,  it 
appears  that  this  monarchy  was  not  only  hereditary  from  its  foundation, 
but  hereditary  in  the  next  heir  to  the  last  deceased  king,  when  the  heir 
was  of  age  to  govern.  This  is  clear  by  the  accounts  of  the  series  or 
succession  of  our  kings,  which  we  have  of  the  seven  first  of  them  from 
our  most  ancient  chronicles,  written  long  before  the  additions,  interpola- 

(1)  [Registrum  Priuratus  Saiicti  Andree,  pp.  190,  191.]  (2)  \_Id.,  p.  122.] 

2  z 


360  THE    SPALDING   CLUB    MISCELLANY. 

tions,  and  alterations  made  in  them  by  John  Fordun,  called  our  first 
historian,  who  was  blindly  followed,  without  examination,  by  all  our 
posterior  writers.  From  all  our  first  and  most  ancient  chronicles,  and 
extracts  from  our  chronicles,  we  find  Fergus,  son  of  Erch,  who,  as  it  hath 
been  abundantly  shown  in  the  Critical  Essay  all  over,  and  particularly 
page  637,  &c.,  was  the  first  sovereign  king  of  all  the  Scots  in  Britain  ; 
we  find,  I  say,  this  king  Fergus  immediately  succeeded  by  his  son 
Dongard,  our  second  king,  and  to  Dongard  succeeded  immediately  his 
eldest  son,  Comgall,  our  third  king :  and  Canal,  son  to  Comgall,  being 
under  age,  Gahhran  or  Gauran,  brother  to  Comgall,  succeeded,  and  was 
our  fourth  king.  But  after  Gabhran's  death,  Conal,  son  to  Comgall, 
immediately  came  to  the  crown  ;  and  to  Conal,  our  fifth  king,  Agdan, 
son  to  Gauran,  succeeded,  not  only  by  his  birthright,  but  by  special  order 
of  God,  manifested  to  the  great  St.  Colomb,  to  inaugurat  him,  and  he 
was  the  sixth  king  of  the  Scots  ;  and,  by  another  special  order  of  al- 
mighty God  to  the  same  St.  Colomb,  Eocha-Buydhe,  whom  our  modern 
writers  after  Fordun  miscal  Eugenius  IV.,  succeeded  immediately  to  his 
father,  king  Agdan,  and  was  our  seventh  king,  and  began  to  reign 
A.D.  605. 

Thus  the  series  of  our  first  kings  and  the  order  of  their  succession 
stands  recorded  in  all  the  ancient  monuments  we  have  remaining  of  them, 
before  John  Fordun :  the  immediate  heir,  when  he  was  of  age  to  govern, 
always  succeeding  to  the  last  deceased  king  ;  and  for  that  reason,  I  shall 
call  it  the  primitive  law  of  succession  to  the  crown  of  Scotland.  And  this 
we  see  was  observed  during  the  first  age  of  the  monarchy. 

Of  these  ancient  monuments,  containing  the  order  of  the  succession  of 
our  seven  first  kings,  faithful  copies  of  four  of  them  may  be  seen  in  the 
Critical  Essay,  pagg.  789,  797,  811,  and  824.  There  is  also  a  fifth  histo- 
rical monument,  entirely  conformable  to  these  four,  in  the  series  or  succes- 
sion of  our  first  seven  kings.  It  is  written  by  James  Gray,  and  an 
account  of  it  is  given,  page  627,  &c.,  of  the  Critical  Essay. 

It  is  observable  that  this  primitive  order  of  the  succession  of  the  next 
immediate  heir  was  never  interrupted  but  once,  in  the  first  age  of  the 
monarchy ;  to  wit,  in  king  Gauran  s  succeeding  immediately  to  Comgall, 
passing  by  Conal,  ComgalTs  son,  who  was  under  age ;  and  that  too  by 
necessity  in  the  circumstances  of  the  kingdom,  which  required  a  king  able 
to  command  his  army  in  person. 


PAPERS   BY    FATHER    INNES.  361 

For,  in  these  first  times,  the  enemies,  upon  all  sides,  with  whom  the  Scots 
were  surrounded,  to  wit,  Picts,  Britons,  and  Saxons,  obliged  them  to  be 
always  on  the  wing,  and  ready  to  fight,  with  their  kings  at  their  head,  as 
the  custom  then  was ;  and,  in  consequence,  when  the  immediate  heir  of  the 
crown  was  under  age,  they  found  it  necessary  to  give  the  command  to  the 
next  immediate  heir  after  him  who  was  of  age  to  govern,  reserving  still  to 
the  immediate  heir  to  succeed  and  enjoy  his  rights  when  the  throne  came  to 
be  vacant.     This  was  the  case  of  the  succession  of  Gaiiran  and  Conal. 

This  interruption  of  the  immediate  heir,  his  not  enjoying  his  right,  hap- 
pened only  but  once,  as  we  have  seen  in  the  first  age  of  the  monarchy  ;  but 
a  breach  being  once  made  in  that  fundamental  law,  opened  such  a  door  to 
the  ambition  of  pretenders  of  their  own  family,  that  there  ensued  a  strange 
confusion  in  the  succession  in  the  following  ages,  which  was  attended,  in 
course,  with  civil  wars,  ravages  of  the  kingdom,  and  bloodshed  almost  at 
every  change  of  the  king. 

To  put  a  stop  to  these  disorders,  which  daily  weakened  the  kingdom 
and  threatened  its  entire  ruin,  king  Kenneth  III.,  who  began  to  reign 
A.D.  971,  with  the  joint  consent  of  his  nobility,  found  no  more  proper 
means  than  to  re-establish  the  primitive  law  of  the  succession  to  the  crown, 
which  they  actually  did  in  the  following  manner,  as  Fordun  relates  : 

STATUIT  igitur  \_Ilex  Kennethus  III.^  omnium  consensu  principum, 
paucis  primitive  siiccessionis  fautoribus  exceptis,  ut  regi  cuique  decedenti, 
de  cetero  filius  aut  Jilia,  nepos  aut  neptis,  sen  linea  collateralis  frater  aut 
soror  ;  aut  saltern  quisquis  alius,  regi  decedenti  superstes  sanguine  proximus, 
succedere  debeat,  unius  diei  licet  cetatis  infans;  cum  dicatur  quod,  ^tas 
regis  in  fide  subditorum  consistit ;  nulla  lege  deinceps  in  hujus  contrariuvt 
prcBvalente  SS) 

But  this  law  of  Kenneth  III.,  however  necessary,  did  not  take  its  effect 
at  first,  by  reason  of  the  ambition  of  pretenders  insisting  upon  the  former 
custom :  so  we  find  that,  after  king  Kenneth's  death,  instead  of  his  own 
son  and  heir,  Malcolm,  the  crown  was  usurped,  first  by  Coiistantin,  and 
after  him  by  Grimus  or  Grig  ;  but,  after  they  were  killed  one  after 
another,  Malcolm,  the  true  heir  of  Kenneth  III.,  was,  according  to  the 
law  made  by  his  father,  acknowledged  king.  But,  notwithstanding  that 
law,  new  disorders  and  civil  war  happened,  by  the  usurpation  of  Macbeath 

(1)  [Joannis  Forduni  Scotichronicon,  lib.  iv.,  cap.  xxxii.  ;  vol.  i.,  p.  214.     Edinb.  1759.] 


362  THE    SPALDING    CLUB    MISCELLANY. 

and  Lulach ;  and  even  in  king  David's  own  time,  after  the  untimely  death 
of  Malcolm  III.,  his  father,  the  crown  was  invaded,  first  by  Donald, 
brother  to  king  Malcolm,  and  again  by  Duncan,  his  natural  son,  in  pre- 
judice of  king  Malcolm's  children,  Edgar,  Alexander,  and  David  him- 
self, the  lawful  heirs  of  the  crown. 

These  usurpations,  and  the  intestine  wars  that  attended  them,  notwith- 
standing of  Kenneth  the  ThircTs  law  of  the  succession,  convinced  our  holy 
king  that  there  was  still  need  of  a  further  provision  to  guard  against  the 
ambition  of  pretenders,  upon  the  score  of  being  descended  of  the  royal 
family ;  and  he  found  that  the  most  natural  provision  was  to  have  the  true 
heir  acknowledged  during  his  own  reign,  and  agreed  to  by  all  the  subjects, 
and  even  to  bear  the  title  of  Kinc/  designed.  Accordingly,  besides  this 
charter  of  the  Prince,  in  which  he  entitles  himself  Rex  designatus,  the 
king  himself,  his  father,  in  another  charter  of  the  same  time,  had  given 
him  that  title,  in  these  words  :  Tarn  ego  quam  Henricus  Jilius  et  Deo 
(lonante  heres  mens  et  Rex  designatus.  (')  In  like  manner,  Robert,  bishop 
of  St.  Andreios,  in  a  charter  of  the  same  time,  tells  that  he  founded  the 
priory  of  St.  Andrews,  consilio  simid  et  concessione  piissimi  Regis  nostri 
Dauid  •  necnon  et  Jilii  ejus  Henrici  comitis  et  Regis  designati.(^) 

And  this  holy  king,  no  less  careful  of  the  peace  and  happiness  of  his 
subjects  than  of  preserving  the  crown  in  his  royal  family,  upon  the  death 
of  his  beloved  son,  prince  Henry,  the  darling  of  the  English  as  well  as  of 
the  Scots,  leaving  behind  him  three  young  princes,  his  children,  Malcolm, 
William,  and  David:  king  David,  I  say,  to  provide  against  any  intestine 
war  that  might  break  out  after  his  own  death,  caused  instantly  carry  about, 
through  all  the  provinces  of  the  kingdom,  the  eldest  of  his  grandchildren, 
Malcolm,  who  was  only  about  thirteen  years  of  age,  under  the  conduct  of 
Duncan,  earl  of  Fife  (whose  hereditary  office  it  was  to  place  the  new 
king  on  the  throne),  in  order  to  have  the  young  prince  every  where  pro- 
claimed and  acknowledged  as  the  righteous  heir  of  the  crown,  and  his  law- 
ful successor ;  and  at  same  time,  caused  the  second  brother,  prince  Wil- 
liam, be  proclaimed  and  acknowledged  earl  of  Northumberland,  as  being 
next  to  the  heir  of  the  crown. 

By  these  precautions  of  this  royal  king,  not  only  he  was  upoa  his  death 

(1)  [Registrum  Prioratus  Sancti  Andree,  p.  190.] 
(2)  lid.,  p.  122.] 


PAPERS    BY    FATHER    IXNES.  363 

succeeded  without  the  least  opposition  by  his  grandchild,  prince  Malcolm, 
but  after  Malcolms  death,  his  brother,  prince  William,  came  to  the  crown 
with  the  universal  satisfaction  of  all  the  subjects. 

And  after  all  the  race  of  king  William  was  extinguished  in  The  Maid 
of  Norway,  by  the  unanimous  consent  of  all  the  kingdom,  they  went  back 
to  the  race  of  his  brother  and  next  heir,  David,  earl  of  Huntinr/don,  and 
his  two  daughters,  and  their  issue. 

Thence  the  debate  betwixt  John  Baliol  and  Robert  the  Bruce,  which 
still  ran  upon  the  supposition  of  the  right  of  the  next  heir  ;  but  this  you'll 
find  learnedly  treated  among  a  great  many  other  notable  enquiries  in  the 
History  of  the  Family  of  Stuart. 

To  conclude  :  by  the  wise  precautions  of  king  David  I.,  by  the  parti- 
cular blessing  of  God  upon  that  religious  prince,  by  the  respect  that  all 
the  Scots  bore  to  him,  and  all  the  race  of  St.  Maryaret  his  mother, 
it  hath  happened  that  these  six  hundred  and  six  years,  since  the  begin- 
ning of  king  David! s  reign,  the  primitive  law  of  the  next  immediate  heir 
to  the  last  deceased  king  hath  been  ever  observed  till  the  Usurpation, 
A.D.  1688:  and,  accordingly,  there  hath  been  none  of  these  intestine 
wars  which  happened  at  the  beginning  of  almost  each  reign,  during  about 
five  hundred  years  from  the  reign  of  king  Eocha-buydhe,  or  Euyen  IV., 
who  succeeded  as  next  immediate  heir  to  his  father,  king  Aydan,  till  that 
of  king  Edyar,  who  dispossessed  Donald  and  Duncan,  the  two  last 
usurpers  upon  the  obsolete  title  of  being  come  of  the  royal  blood. 

May  I  add  here,  for  a  farther  conclusion,  that  as  the  last  infraction, 
A.D.  1688,  of  the  law  of  hereditary  right  in  the  next  immediate  heir  was 
the  most  unnatural  of  all  that  had  ever  happened,  so  it  hath  accordingly 
drawn  upon  the  nation  the  greatest  punishments  and  humiliations,  so  as  to 
have  the  nobility  degraded,  and  the  kingdom  itself  unkingdomed. 


364  THE    SPALDING    CLUB   MISCELLANY, 


IV. 

OF   THE   SALISBURY    LITURGY    USED    IN    SCOTLAND.     BY    THOMAS 

INNES. 

jrl)e  33i8f)0jis  all  incliiuti  to  i)is  tvoton, 

13ott)  tcmpovall  anti  tf)c  vcligton. 

Cftc  Romane  boofes  tl)at  Uni  tone   in  Scotland, 

f^c  gavt  tficm  bcav  to  Scoon,  teificvc  tlK5  tficm  fanti, 

anil  but  vccSccm,  11)C8  bunit  tijrm  all  cad)  anc. 

Salisbury  mt  ouv  clevfes  tf)cn  l)atl)  tant. 

.4cfe  o/'  SjV  William  Wallace,  b.  xi.,  c.  7.(0 

At  your  desire,  I  have  sought  out  some  of  my  musty  papers  to  endea- 
vour to  give  you  some  satisfaction  upou  this  passage  of   Wallace  s  Book. 

It  imports,  in  short,  that  king  Edward  the  First,  among  other  ravages, 
caused  burn  the  books  of  our  church  liturgies,  and  substitute  to  them 
the  usages  of  Salishury  or  Sarum. 

The  same  thing  in  substance  is  advanced  by  Hector  Boece,  in  his  Hitstory 
(fol.  298(2)),  and  more  distinctly  by  his  translator,  Bellenden ;(')  and  in  all 
appearance,  both  of  them  took  the  story  from  Blind  Hary,  author  of  Wal- 
lace's Book,  who  lived  about  forty  years  before  Boece  wrote  his  History. 

But  whencesoever  they  had  this  tale,  'tis  absolutely  false  that  king 
Edward  I.  was  the  author  of  introducing  the  usages  of  Sarum  into  Scot- 
land, or  that  they  were  brought  in  by  violence.  The  contrary  is  easily  de- 
monstrated, to  wit,  that  these  usages  were  brought  into  Scotland  long  be- 
fore king  Edioards  time,  and  that  they  were  brought  in  and  settled  by 
our  own  bishops,  proprio  motu,  or  at  the  earnest  request  of  their  canons 
and  chapters. 

(1)  [The  byschoprykis  inclynyt  till  his  croune. 
Bathe  temperalite  and  all  the  religioune. 
The  Roman  [bukis]  that  than  wa^  in  Scotland, 
He  gart  be  brocht  to  scham  [Schon  ?],  quhar  thai  tham  fand  ; 
And,  but  radem,  thai  brynt  thaim  thar  ilkan  ; 
Salysbery  oyss  our  clerkis  than  has  tane. 

Jamieson's  Bruce  and  Wallace,  vol.  ii.,  p.  SU.     Edinb.  1820.] 

(2)  [Edit.  1573.  "  Libros  sacros  Anglico  ritu  conscribi  iussit,  vtque  eos  solos  haberent, 
edixit."] 

(3)  [Book  xiv.,  ch.  vii.    "  He  brint  all    the  Cronikles  of  Scotland,  with  all  maner  of 

bukis,  als  weill  of  devine  service  as  of  othir  materis  ; He  gart  the  Scottis 

write  bukis  efter  the  use  of  Sarum,  and  constranit  thaim  to  say  efter  that  use."  Vol.  ii., 
pp.  377,  378.     Edinb.  1821.] 


PAPERS    BY    FATHER    INNES.  365 

This  is  evident  as  to  the  church  of  GLASGOW^  the  only  cathedral  of 
Scotland,  whereof  many  of  the  old  records  escaped  the  Knoxian  flames. 
For  Herbert,  bishop  of  Glasgow,  who  was  consecrated  bishop,  A.D. 
1147,  and  died  A.D.  1164,  first  settled  the  usages  oi  Sarum  in  his  church  ; 
and  this  settlement,  with  the  other  old  privileges  of  Glasgoio  (such  as  the 
free  election  of  their  bishops  by  dean  and  chapter)  was  confirmed  by  a 
bull  of  pope  Alexander  III.,  A.D.  1172,  whereof  we  have  still  the 
original  signed  by  that  pope  and  the  cardinals/'^  And  if  you  were  curious, 
you  might  probably  find  it  as  yet  in  that  pope's  register  at  Rome,  dated 
8  Kalend.  April,  pontificatus  a"  14". 

These  usuages  of  Sarum  were  afterwards,  together  with  the  other 
privileges  and  liberties  of  Glasi/ow,  often  confirmed  by  the  rescripts  or 
bulls  of  popes,  concessions  of  bishops,  decrees  of  the  chapter,  and  grants  of 
our  kings,  particularly  of  king  James  IV.,  who  was  himself  honorary  canon 
of  Glasgow,  as  the  kings  of  France  are  of  St.  Martin  of   Tours. 

For  a  proof  of  that,  I  send  you  here  a  short  note  of  what  concerns  this 
subject,  taken  from  an  exact  copy  which  my  brother  caused  make  many 
years  ago  of  the  remains  of  the  records  of  Glasgow,  which  our  second 
founder,  James  Bethune,  the  last  catholic  archbishop,  saved  and  brought 
over  with  him  hither. C^) 

An  original  letter  of  the  dean  and  chapter  of  Salisbury  to  the  dean  and 
chapter  of  Glasgow,  written  at  their  earnest  desire,  containing  an  account 
of  the  liberties  and  privileges  of  Salisbury,  dated  A.D.  1259. 

Original  charter  of  William,  bishop  of  Glasgow,  A.D.  1258,  containing 
a  grant  of  the  liberties  and  usages  of  Sarum,  to  the  chapter  of  Glasgow. 

Statute  of  the  chapter  of  Glasgow,  confirming  this  grant,  A.D.  1258. 

A  bull  or  rescript  of  pope  \_Gregory']  X.,  confirming  the  usages  of  Sarum 
to  Glasgow,  A.D.  1274. 

Another  rescript  of  this  pope  to  the  same  purpose,  A.D.  1275. 

Statute  of  Glasgoto  chapter  sub  juramento  to  same  purpose,  A.D.  1325. 

Bull  of  pope  Alexander  VI.,  1493,  to  same  intent. 

Original  letters  of  king  James  IV.  to  the  chapter  of  Glasgow,  con- 
firming their  old  usages,  A.D.  1491. 

As  to  the  church  of  ST.  ANDREW'S,  I  have  seen  an  old  MS.  Missal 
entire,  belonging  to  my  lord  Arbuthnot,   containing  the  ordinary  service 

(1)  [It  is  printed  in  Sir  James  Dalrymple's  Collections  concerning  the  Scottish  History, 
pp.  367-369.     Edinb.  1705.] 

(2)  [The  Scots  College  at  Paris.] 


366  THE    SPALDING   CLUB    MISCELLANY. 

of  that  church,  entirely  conformable  to  the  usages  of  Sarum.  What  time 
they  were  first  received  in  it,  the  loss  of  the  ancient  records  of  that  me- 
tropolitan church  leaves  us  in  the  dark. 

In  the  cathedral  chapter  of  MURRAY,  in  the  statutes  contained  in 
the  ancient  chartulary  (in  Billioth.  Jicrid.  Edinb.)  of  that  church,  it  was 
decreed,  A.D.  1242,  by  bishop,  dean,  and  chapter,  Ut  in  divinis  officiis  • 
in  psallendo  ■  leyendo  •  et  cantando  •  ac  aliis  ad  Divina  spectantibus  ser- 
vetur  ordo  qui  in  ecclesia  Salisbyryensi  esse  noscitur  instihitusS^^ 

The  ancient  lives  of  the  bishops  of  Dunkeld  (in  Biblioth.  Jurid.  Edinb.) 
confirm  the  same  as  to  DUNKELD.  For,  giving  account  of  the  life 
and  actions  of  bishop  Galfrid,  who  died  A.D.  1249,  they  say  of  him, 
Novam  fecit  erectionem    ad  instar  Ecclesia  Sarum. 

You  see  this  was  long  before  king  Edward  the  First's  invasion. 

We  have  here  an  entire  copy  of  the  Breviary  of  ABERDEEN,  in  two 
volumes,  in  18mo.  It  was  printed  at  Edinburgh  by  the  care  of  good  bishop 
Elphinston,  who  founded  the  University  of  Aberdeen.  The  date  of  the 
printing  is  curious,  and  honourable  to  Scotland,  in  these  words  :  Kalend. 
Februar.  a  Christo  nato  anno  nono  supra  millesimum  et  quingentesimum : 
imperii  Jacobi  Qiiarti  Scotorum  Regis  illustrissimi  duobus  supra  annis 
viginti."  This  is  the  most  ancient  printed  book  in  Scotland,  and  the  only 
I  have  seen  of  the  kind  printed  in  our  country.  It  appears  that  our  church- 
men, to  save  the  expense  of  printing,  made  use  generally  of  liturgical 
books,  either  MS.  or  printed  in  France  or  England ;  but  all  of  them  secun- 
dum usum  Sarum,  adding  only  to  the  kalendar  the  names  of  our  local 
saints  in  write.  Of  which  kind  we  have  two  Missals  in  our  library,  one 
of  which,  given  me  by  bishop  Gordon,  had  belonged  to  Mr.  James  Gordon, 
the  last  chancellor  of  the  church  of  Murray,  and  in  that  quality  the  last 
catholic  pastor  of  St.  Peter  of  Inera\nn,(^)  which  was  the  parish  where  I 
served  in  Scotland  three  years. 

In  a  word,  all  the  Scots  Missals  or  Breviaries  I  ever  saw  (and  I  believe 
I  have  seen  most  of  them  that  escaped  our  reformers'  burning  zeal),  are 
all  secundum  usum  Sarum  ;  and  so,  without  doubt,  these  usages  continued 
among  us  tUl  the  Knoxian  reformation. 

The  same  usages  were  followed  by  most  of  the  churches  in  England,  even 
by  that  of  Canterbury,  but  the  church  of  York  had  proper  usages  of  its 
own,  of  which  I  have  seen   some  parts ;  but  our  countrymen  took  care  to 

(I)  [Registruin  Episcopatus  Moraviensis,  p.  109.     Ecliii.  1S37.]  (2)  [Inveraven.] 


1738.]  PAPERS   BY    FATHER    INNES.  367 

borrow  nothing  from  York,  lest  the  aspiring  prelates  of  that  see  might  take 
advantage  from  it  to  strengthen  their  claim  over  our  church  :  which,  upon  a 
thorough  examination  I  made  formerly  of  that  pretension,  I  found  to  be 
groundless. 


V. 


COPY  LETTER  FROM  THE  UNIVERSITY  OF  GLASGOW  TO  THE  SUPE- 
RIOURS  OF  THE  SCOTS  COLLEGE  AT  PARIS.  DATED  MAY  I., 
OLD  STYLE,  MDCCXXXVIII. 

Reverend  Gentlemen, 
It  is  matter  of  no  small  regret  to  us  of  this  university  that  we  have 
been  so  long  without  any  correspondence  with  our  countrymen  of  your 
college  in  Paris.  With  great  pleasure  we  lately  found  by  your  corres- 
pondent, the  reverend  Mr.  'Alexander  Drummond,  that  you  still  retain  an 
affectionate  regard  to  this  country  and  this  university  ;  upon  which  we  joy- 
fully embraced  this  opportunity  of  saluting  you  all  in  the  most  affectionate 
manner,  and  of  requesting  the  favour  of  a  correspondence  with  you  about 
any  thing  which  may  relate  to  the  history  and  antiquities  of  our  country.  In 
particular,  we  request  that  you  may  deliver  either  to  the  bearer  hereof,  Mr. 
Robert  Foulis,  or  send  by  any  safe  conveyance  to  the  reverend  Mr. 
Alexander  Drummond,  at  Drummond  castle,  in  Perthshire,  that  copy  of 
a  charter  of  king  Robert  II.,  confirming  the  legitimacy  of  our  royal 
family,  which  is  mentioned  in  Mabillon  as  intended  for  this  university ;  and 
that  you  may  allow  us,  at  our  own  charge,  to  obtain  a  notarial  copy  of  the 
chartulary  of   Glasgow. 

You  would  further  oblige  us  exceedingly  by  informing  us  of  any  other 
original  papers  of  consequence  as  to  the  history  of  this  country,  diocese, 
or  university,  which  we  could  have  access  to,  to  take  notarial  copies  at 
our  own  charges ;  and  we  shall  always  [be]  fond  of  expressing  our  gra- 
titude to  your  college  for  these  favours,  and  of  making  any  return  in  our 
power.  Th;s,  by  order  and  in  name  of  this  university,  is  subscribed  by, 
Reverend  Gentlemen,   &c. 


3  A 


368  THE    SPALDING    CLUB    MISCELLANY.  [1738. 


ANSWER  TO  THE  ABOVE  LETTER  BY  MR.  THOMAS  INNES. 

Much  homjured. 
It  was  with  a  most  singular  satisfaction  that  the  superiours  of  this 
college  received,  by  Mr.  Robert  Foulis  and  his  brother,  the  honour  of  a 
letter,  of  first  May  last,  in  name  of  your  university  of  Glasgow,  of  which 
we  had  had  intimation  some  time  ago  by  the  Rev.  Mr.  Alexander  Drutn- 
mond,  a  learned  churchman  of  your  diocese,  and  one  of  the  most  ancient 
members  of  this  college. 

Though  our  gentlemen  here  have  not  as  yet  done  themselves  the  honour 
to  answer  the  letter  of  the  university,  which  came  late  to  their  hands,  I 
make  no  doubt  but  Messrs.  Foulis,  who  brought  it  to  us,  will  have  done  us 
the  justice  to  inform  you  of  the  kindly  and  respectful  acceptance  that  the 
letter  met  with  from  all  in  this  college,  and  that  no  time  hath  been  lost  in 
making  ready  to  be  sent  to  the  university  such  copies  of  ancient  pieces  as 
more  immediately  relate  to  it. 

And,  in  the  first  place,  we  send  the  authentic  copy  of  Charta  Roberti 
Seneschalli  Scotia,  A.D.  1364.  This  famous  charter,  originally  be- 
longing to  the  metropolitan  church  of  Glasgow,  we  thought  it  a  piece  of 
justice  to  cause  draw  up  an  authentic  copy  of  it,  with  all  the  subscriptions 
and  seals  of  the  learned  antiquaries  who  were  the  judges  of  its  authenticity, 
and  of  all  the  noblemen  and  chief  gentlemen  of  our  country  who  were  at 
that  time  in  or  near  this  city,  and  were,  upon  the  invitation  of  the  late  Mr. 
Letcis  Innes,  my  brother,  then  principal  of  this  college,  all  present  at  the 
solemn  assembly  holden  on  purpose  for  examination  of  the  authenticity  of 
the  charter.  This  copy  we  set  apart  at  the  time,  and  have  carefully  kept 
it  ever  since,  these  fourty-four  years  bygone,  waiting  for  a  favourable  op- 
portunity to  present  it  to  the  university,  which,  by  reason  of  the  aversion,  as 
we  were  told,  of  the  leading  men  of  that  city  to  all  of  our  communion  and 
character,  we  never  could  meet  with  till  of  late.  That  my  brother  being 
deceased,  I  am  the  only  person  now  alive  who  am  more  acquainted  with 
the  records  of  Glasgoic,  and  have  been  at  most  pains  in  conserving  them, 
and  endeavouring  to  draw  from   them  what  light  I  was  able,   towards  the 


1738.]  PAPERS    BY    FATHER    INNES.  369 

history  of  our  country,  and  in  particular,  of  the  ancient  state  or  principality 
of  Cumbria  or  Cambria,  in  which  Glasgoiu  is  situated  ;  and  being  now  of 
a  very  advanced  age,  it  is  no  small  satisfaction  to  me,  before  I  die,  to  learn, 
by  the  letter  of  the  university,  and  by  the  two  gentlemen  bearers  of  it, 
that  the  aversion  to  those  of  this  house  and  of  our  community  is  wearing 
away,  at  least  among  the  more  learned  and  more  polite  inhabitants  of  that 
metropolis.  And  this  is  no  small  encouragement  to  me,  notwithstanding 
my  infirmities,  to  give  you  a  short  account  of  the  records  of  Glasgow,  of 
the  care  taken  to  preserve,  and  of  the  use  that  hath  been  made  of  them 
since  they  came  into  our  hands. 

The  records  of  the  church  of  Glasgow,  saved,  as  every  body  knows, 
from  the  flames  that  consumed  generally  the  records  of  all  other  cathe- 
drals of  Scotland,  at  the  Knoxian  reformation,  were,  by  the  most  reverend 
James  Bethune,  last  catholic  archbishop,  brought  over  to  this  city,  and, 
at  his  death,  A.D.  1603,  they  were  deposited,  with  some  old  silver  statues 
and  the  archbishop's  own  papers,  partly  here,  but  the  most  part  in  the 
Carthusians  of  Paris,  whom  he  had  appointed  the  overseers  of  the  foun- 
dation which  he  had  made  in  this  college  for  the  education  of  the  youth  of 
this  country ;  for  which  reason  he  is  justly  reckoned  our  second  founder, 
the  first  having  been  a  bishop  of  Murray,  under  king  Robert  the  Bruce. 

These  records  remained  many  years  in  great  confusion,  locked  up  in  the 
trunks  in  which  they  were  brought  over.  Our  predecessors,  looking  on 
them  barely  as  they  related  to  the  ancient  privileges,  rights,  and  possessions, 
of  the  church  of  Glasr/otv,  saw  little  or  no  use  of  them,  since  the  exercise 
of  the  catholic  rehgion  (for  the  maintenance  of  which  they  were  all  at  first 
intended),  was  more  strictly  iiiterdicted  by  new  laws  in  Scotland  than  in 
any  other  country,  and  these  laws  more  rigorously  put  in  execution  in  Glas- 
yoio  than  in  any  other  city  of  the  kingdom  ;  so  our  predecessors  contented 
themselves  to  take  great  care  of  the  preservation  of  these  records  for  better 
times,  according  to  the  good  prelate's  intentions  ;  but  it  appears  not  that 
they  were  at  any  pains  to  look  into  them,  which,  indeed,  was  not  easy  for 
them  to  do,  not  being  acquainted  with  the  ancient  unusual  character  in 
which  they  were  most  part  writ. 

It  was  only  since  my  brother,  our  late  principal,  came  to  be  in  place, 
that  the  remains  of  the  archbishop  of  Glascjow  were  more  carefully  looked 
into,  examined  and  digested,  into  better  order.  And,  in  the  first  place, 
the  archbishop's  own  papers  containing  his  negociations  for  queen  Mary 


370  THE    SPALDING    CLUB    MISCELLANY.  [1738. 

and  king  James  VI,  (which  had  been  more  neglected  and  exposed,  and 
some  of  them  carried  away  by  curious  people),  in  order  to  preserve  what 
remained  of  them,  were  put  in  order,  and  digested  into  the  order  of  time, 
and  bound  up  in  several  volumes. 

My  brother's  next  care  was  of  the  records  of  Glasgoio,  the  ordering  of 
which  we  began  about  A.D.  1692.  It  was  in  reviewing  these  ancient  re- 
cords that  we  discovered  first,  in  one  of  the  chartularies,  a  copy  enregis- 
trated,  and  afterwards  the  original  itself,  of  the  Charta  Roberti  Seneschalli 
Scotia,  by  which  the  legitimacy  of  king  Robert  III.  is  evidently  proved. 
This  famous  charter,  my  brother  carried  out  to  St.  Germains,  and  shewed 
it  to  the  late  king  James  VII.,  and  communicated  copies  of  it  to  our  nobi- 
lity and  gentry  then  at  his  majesty's  court :  among  others  that  saw  this 
copy,  was  Sir  James  Montgomery  of  Skelmorly,  who  was  lately  come  over 
to  the  king.  Upon  reading  the  copy,  and  remarking  how  it  plainly  contra- 
dicted in  this  fact  all  our  vulgar  historians,  Boece,  Buchanan,  &c.,  Sir 
James  went  immediately,  in  great  passion,  back  to  St.  Germains,  and  ob- 
taining audience  of  the  king,  begged  of  his  majesty  to  give  no  countenance 
to  this  charter,  as  being,  says  he,  undoubtedly  a  manifest  forgery  of  ours. 
But  Sir  James  being  in  this  contradicted  by  those  of  the  nobility  who  had 
seen  the  original,  it  was  resolved  that  the  authenticity  of  the  record  should 
be  impartially  examined  by  the  most  famous  antiquaries  of  France,  such  as 
the  keepers  of  the  king  of  France's  library,  the  procurators-general  of 
the  chambre  des  comptes,  or  keepers  of  the  records  of  France,  by  Father 
Mabillon,  M.  Baluze,  and  others,  the  most  versed  in  ancient  records,  and 
this  in  presence  of  our  nobility  and  gentry,  and  among  others,  of  Sir  James 
Montgomery. 

This  was  accordingly  done  in  a  very  solemn  assembly  holden  in  the 
famous  abbey  of  St.  Germain  de  pres,  at  Paris,  upon  the  twelfth  January, 
1694.  And  the  authentic  record  we  have  the  honour  to  send  you,  with  all 
the  original  subscriptions  and  seals,  was  the  result  of  this  assembly,  and 
nobody  was  more  frank  and  forward  to  put  his  hand  and  his  seal,  as  you 
will  see,  than  Sir  James  Montgomery,  when  he  had  considered  with  the 
greatest  application  the  original  on  all  sides,  and  heard  the  learned  obser- 
vations of  the  antiquaries.  I  thought  proper  to  give  you  this  account  of 
this  fact,  at  which  I  was  present,  and  this  having  chiefly  given  occasion  to 
the  verification  of  the  record. 

Together  with  this  authentic  copy  of  the  Charta  Roberti  Seneschalli, 


.   1738.]  PAPERS    BY    FATHER    INNES.  371 

destinated  to  your  university  from  the  beginning,  we  send  some  printed 
copies  of  a  Dissertation  upon  it  that  we  published  at  the  same  time,  which 
it  seems  the  gentlemen  of  your  university  had  not  seen,  since  they  quote 
Father  Mabillons  work  for  the  destination  of  this  authentic  copy  to  the 
church  and  university  of  Glasi/otc,  which  is  so  plainly  marked  in  the 
preface  to  this  Dissertation  ;  which  being  published  the  first  on  the  subject, 
no  wonder  that  it  is  so  lame  and  imperfect,  we  having  then  no  other  proofs 
but  those  taken  from  the  records  of  Glasgow,  and  a  few  passages  of  Sir 
George  Mackenzie's  Jus  Regium,  to  proceed  upon.  But  this  short  Dis- 
sertation of  ours,  having  awaked  our  countrymen  to  enquire  into  the 
grounds  of  a  story  so  injurious  to  the  royal  family  of  Scotland,  hath  en- 
gaged the  learned  both  of  Scotland  and  Eiigland  into  a  farther  search  of 
records  relative  to  the  subject,  whereof  no  small  number  hath  been  found, 
all  of  them  quite  opposite  to  the  account  of  our  historians,  (though  none  of 
them  so  formal  as  this  record  of  Glasgoic.)  Dissertations  have  been  also 
published,  by  all  which  the  falsehood  of  the  account  given  by  our  vulgar 
writers  of  the  marriages  of  king  Robert  II.,  and  of  the  birth  of  his  son 
(John  Ferny  ear  jYmg  Robert  III.,  are  put  in  such  evidence,  that  I  believe 
no  man  of  learning  or  probity  will  hereafter  ever  cast  it  up  again. 

Besides  the  authentic  copy  of  the  Charta  authentica  Roberti  Senes- 
c/ialli,  our  geutlemen  here  are  preparing  to  be  sent  to  the  university  a 
public  instrument,  before  two  notaries,  containing  exact  copies  of  the  bull, 
and  charters  of  its  foundation,  taken  from  the  authentic  chartulary  of 
Glasgotv,  together  with  what  few  pieces  are  to  be  found  among  what  was 
brought  over  here  of  the  records  relative  to  its  funds  or  revenue ;  of  all 
which  they  wiU  do  themselves  the  honour  to  write,  in  answering  the  letter 
of  the  university. 

But  I  am  sorry  to  tell  you  that,  having  frequently  perused  all  the  records 
of  Glasgow,  brought  over  to  this  place  by  archbishop  Bethune,  I  never 
could  find  either  the  original  records  of  the  foundation  of  the  university,  or 
any  other  account  of  its  funds  and  rents,  but  the  little  you'll  have  in  three 
notarial  acts  of  Cuthbert  Simson,  notary  and  scribe  of  the  chapter,  which 
we  are  to  send  you,  copied  faithfully  from  the  original  minutes. 

But  as  to  archbishop  Bethune,  if  the  circumstances  to  which  he  was 
reduced  when  he  left  that  kingdom  be  considered,  it  will  easily  appear  that 
it  was  not  possible  for  him  to  have  any  thing  belonging  to  the  university 
but   those  we  are  to   send  you.      What  he   saved   of  the    records  of  his 


372  THE    SPALDING   CLUB    MISCELLANY.  [1738. 

church,  and  some  old  silver  statues  (of  which  you'll  find  account  in  the 
third  volume  of  Dr.  Mackenzie  s  History  of  our  Writers),  was  preserved 
from  the  fire,  and  rapacious  hands  of  the  time,  by  some  of  the  canons,  who 
remained  faithful  to  him ;  but  as  to  the  college,  the  friar  Willox,  with 
those  of  his  gang,  possessed  themselves  of  it,  whilst  the  good  archbishop 
(by  the  hatred  that  the  leading  men  of  those  times  had  against  him  for  his 
attachment  to  the  old  religion  and  to  the  queen  regent)  was  the  only 
bishop  of  Scotland  who  was  not  allowed  so  much  as  to  return  to  take  leave 
of  his  flock  and  his  church,  but  forced  away  to  France,  in  July,  1560,  with 
the  French  soldiers.  Of  all  which  enough  might  be  said  ;  but  perhaps  'tis 
better  to  cast  a  veil  over  the  doings  of  those  times,  in  which  nothing  but 
rapine,  oppression,  violence,  and  confusion,  reigned  in  our  poor  country. 

/    AM, 

With  sincere  respect,  ^c. 

P.  S.  I  shall  have  the  honour  to  send,  by  Messrs.  Foulis,  for  the  uni- 
versity library,  a  copy  of  the  Critical  Essay  on  the  Ancient  Inhabitants 
of  the  Northern  Parts  of  Britain,  or  Scotland,  published  A.D.  17'29  ;  in 
which  you'll  easily  perceive  the  concern  the  author  takes  in  Glasyoiv,  and 
in  your  western  parts  of  the  kingdom,  by  a  short  dissertation  upon  the 
ancient  inhabitants  of  those  parts,  paye  29,  &c. 


VII. 


ANSWER  BY  THE   SCOTS  COLLEGE  OF  PARIS    TO    THE  UNIVERSITY 
OF  GLASGOW.      OCTOBER  XXIL,    MDCCXXXVIU. 

Honorable  Gehtlbmen, 
1  OU'LL  have  been  informed  by  a  letter  which  one  of  us  wrote  some 
weeks  ago  to  the  honorable  Georye  Boyle,  esquire,  rector  of  the  uni- 
versity, as  well  as  by  Messrs.  Foulis,  who  brought  us  your  kind  invitation 
to  a  friendly  correspondence,  with  how  great  pleasure  and  respect  we  re- 
ceived your  letter  of  first  May,  which  was  more  agreeable  and  welcome  to 
us,  that  it  put  an  end,   as  we  hope,   to  the  long  interruption  of  all  corres- 


1738.]  PAPERS    BY    FATHER    INNES.  373 

pondence  betwixt  us,  during  about  one  bundred  and  eighty  years,  occa- 
sioned by  the  violent  alterations  made  by  factious  men  in  the  church  and 
university  of  Glasgow,  which  in  former  ages  had  so  much  contributed  to 
the  honour  of  that  city.  Our  kings  themselves  had  preferred  to  be  canons 
of  Glasgmo  to  all  the  other  chapters  of  the  kingdom,  as  you  will  see  by  a 
letter  of  king  James  IV.,  whereof  we  send  you  an  authentic  copy  :  and 
John  Major  in  his  History*  informs  us  that  the  chapter  of  Glasgoic  was  in 
so  great  reputation,  that  before  the  erection  of  the  college  of  justice,  or 
lords  of  session,  the  greatest  causes  of  the  kingdom  were  referred  to  the 
decision  of  this  chapter ;  and  some  of  our  kings  in  their  charters,  whereof 
we  send  you  one,  gave  to  the  church  of  Glasgow  the  honourable  title  of 
Mater  multarum  gentium,^  by  reason  of  the  many  different  nations  that 
of  old  inhabited  these  western  parts  (called  of  old  Cumbria"),  and  were  all 
diocesans  of  Glasgow,  as  you  may  see  in  a  short  dissertation  on  the  subject 
in  the  Critical  Essay  on  the  Ancient  Inhabitants  of  Scotland,  whereof  we 
have  the  honour  to  send  you  two  copies,  one  for  the  public  library  of  the 
university,  the  other  to  be  disposed  of  as  you  shall  think  fit,  being  now 
become  very  rare. 

By  the  same  Messrs.  Foulis,  we  have  the  honour  to  send  you  also  to  the 
university,  the  authentic  instrument  and  copy  of  the  Charta  Roberti 
Seneschalli  Scotice,  A.D.  1364,  with  all  the  signatures  and  seals  of  the  an- 
tiquaries that  were  judges  of  its  authenticity,  and  of  the  nobility  and  gentry 
of  our  country  that  assisted  at  the  solemn  assembly,  A.D.  1694,  in  which 
its  authenticity  was  examined  and  declared.  This  authentic  instrument 
was  by  us  destinated  to  the  church  and  university  of  Glasgow  from  the 
beginning,  as  you'll  see  by  the  preface  to  the  Dissertation  which  we  pub- 
lished at  the  time,  whereof  we  send  you  four  copies  of  the  few  that  remain  : 
all  these  were  set  apart  and,  with  the  authentic  instrument,  kept  here  for 
the  university  these  forty-four  years,  waiting  a  favourable  time  that  we 
might  have  access  to  present  them,  and  expect  that  they  would  be  well 
received. 

With  these  we  send  authentic  and  notarial  copies  of  the  three  chief  re- 
cords of  the  foundation  of  the   university,  taken  from   the  ancient   chartu- 

*   Major,  Hist.  Scot.,  fol.  30. 
t  Charta  Willelmi  Regis,  circa  A.D.  1188. 


374  THE    SPALDING   CLUB    MISCELLANY.  [1738. 

larys,  together  with  some  authentic  transcripts  from  the  protocols  of  Cuth- 
bert  Simson,  notary  and  scribe  of  the  chapter  of  Glasgoio,  containing  all 
we  could  find  among  the  records  of  Glasgoio  of  the  ancient  endowments  of 
the  university  by  the  archbishops,  among  which  you'll  no  doubt  remark 
the  act  intitled  Collegium  de  novo  fundatum,  by  archbishop  Dunbar,  eighty- 
six  years  after  the  foundation  of  the  university  college. 

As  to  the  original  records  of  the  university,  we  have  given  the  reason,  in 
the  foresaid  letter  to  your  rector,  why  archbishop  Bethune  was  not  able  to 
save  or  bring  over  any  of  them,  as  he  did,  by  good  providence,  the  chief 
records  of  the  church,  with  the  seal  of  the  chapter,  and  some  old  silver 
statues,  all  which  are  still  in  being,  carefully  preserved  for  better  times, 
most  part  in  the  Carthusians,  and  some  of  the  more  curious  records,  to- 
gether with  the  archbishop's  own  writs,  in  the  archives  of  this  college  ;  of 
all  which  there  is  a  pretty  good  account  in  Dr.  Mackenzie  s  History  of  our 
Scotish  Writers,  torn.  3,  page  464,  &c. 

Among  other  pieces,  we  send  you  some  few  faithful  copies  of  some  of  the 
most  ancient  charters  of  the  church  and  city  of  Glasgoio,  taken  from  the 
most  ancient  chartularys  of  Glasgow,  especially  the  introduction  of  the  old 
chartulary,  written  about  five  hundred  years  ago,  and  containing  the  best 
accounts  of  the  antiquity  of  the  church  of  Glasgoio. 

As  to  a  copy  of  these  chartularys,  that  is  not  possible  at  present  to  us 
to  send ;  but  without  being  at  the  trouble  or  expense,  you  may  easily  cause 
make  one  from  a  very  exact  copy  containing  not  only  the  records  contained 
in  the  chartularys,  but  others  taken  from  the  originals,  about  the  year  1726, 
for  the  richt  honourable  earl  of  Panmure,  and  still  in  the  hands  of  the  pre- 
sent earl,  his  son. 

We  cannot  finish  this  letter  without  assuring  you  that  no  persons  seemed 
to  be  more  fitted,  every  way,  towards  reviving  a  correspondence  betwixt 
your  university  and  us,  than  the  two  Messrs.  Foulis,  whom  we  find  young 
o-entlemen  of  great  genius  and  capacity,  of  a  most  social  temper,  and  im- 
proved in  learning  beyond  their  age ;  and  we  owe  them  that  justice  to  as- 
sure you  that  we  have  seen  none  of  the  young  gentlemen  of  our  country 
make  better  use  of  their  time,  during  their  short  abode  in  these  parts,  and 
of  all  their  moments,  towards  all  persons  and  exercises  that  might  improve 
them,  to  be  able  one  day  to  do  honour  to  your  university,  and  make  a  good 
figure  in  the  learned  world. 


1683.]  INNES   LETTERS.  376 

We  have  only  to  add,  that,  as  in  order  to  re-establish  a  friendly  corres- 
pondence, we  have  endeavoured  here  to  omit  nothing  that  depended  upon 
us  in  answering  the  university's  demands,  and  in  shewing  all  the  kindness 
we  could  to  the  two  young  gentlemen  that  brought  us  your  letter,  so  you'll 
be  so  good  as  to  shew  favour  and  kindness  to  those  of  our  character 
and  communion  that  may  happen  at  any  time  to  resort  to  your  city  or 
university,  and  to  do  us  the  justice  to  believe  that  we  are  with  singular 
affection,  esteem,  and  respect,  &c. 


VIII. 

LETTER  FROM  JAMES  INNES  OF  DRUMGASK  TO  MR.  LEWIS  INNES. 

For  Mr  Lowis  Innes  att 
the  Scots  Colledge  off  Paris. 
Thes 

Drumgask  7  Maij  1683       1683. 
Dear  sone  H-  May. 

I  receved  yours  but  this  day  daited  the  twenty  fourth  of  February 
wherin  ye  challenge  me  for  long  silence  which,  if  all  myne  came  to  your 
hands  I  should  have  greatter  reason  to  challenge  you,  howewer  I  am  glad 
to  hear  that  you  are  all  weell.  Your  mother  and  I  hath  bein  and  is  a  litle 
tender,  this  tuelve  month  bygone,  I  belive  the  reason  is  our  old  age,  God 
grant  ws  grace  we  may  make  a  good  wse  of  our  tyme,  let  ws  hear  more 
frequentlie  from  you  becaus  it  is  a  wery  great  comfort  to  ws,  since  we 
cannot  hawe  the  satisfaction  to  sie  it  is  a  great  confort  to  ws  to  hear  of  your 
weelfare,  I  shall  earnestlie  entreatt  you  to  doe  all  that  lyes  in  your  pouer 
to  befriend  the  bearers  hierof  in  particularlie  Floors  son  whose  grand- 
father and  father  was  my  dear  comarads  and  cousins,  and  is  the  good- 
wyffe  of  Milln  of  Gellans  nephew,  Milln  of  Gellan  and  his  wyffe  has 
ther  lowe  presented  to  you,  who  was  preseint  heir  with  Mr  Lesslie  at 
prayers,  I  shall  not  trouble  you  more  at  present.  Your  mother  and  I 
has  our  love  remembred  to  you,  your  brothers  Charles  Francis  Elizabeth 
and  John,  has  there  respeccts  remembred  to  you,  I  shall  entreatt  you 
to  dispach  your  brothers  letters  with  your  convenience,  and  if  ye  gett  any 

3b 


My  father. 


376 


THE    SPALDING   CLUB   MISCELLANY. 


[1711. 


lyne  from  them  to  me  send  them  with  your  first  convenience  which  is  all  I 
shall  say  til  I  hear  from  you  but  that  I  am 

Dear  sone 
Your  most  afFecctionatt  and 

loving  father  till  death 

Ja  :  Innes 

I  pray  you  present  my  best  respeccts  to  Mr  Whytford  to  whom  I  am 
wery  much  oblidged  to 


IX. 


ADMISSION  OF  MR.  LEWIS  INNES  AS  ALMONER  IN  ORDINARY 
TO  THE  QUEEN  MOTHER.(i) 


Regal  Papers. 
Warrant  Al- 


In  obedience  to  her  Majestie  the  Queen  Mothers  warrant  to  me  di- 
rected, I  have  sworne,  and  admitted  Mr.  Lewise  Inese  into  the  place,  and 
quality  of  Almoner  in  Ordinary  to  her  Majesty,  to  enjoy  the  said  place 
with  all  profitts,  priviledges,  and  advantages  thereunto  belonging,  in  as  full 
and  ample  manner  as  the  same  is  usually  held  or  enjoyed.  Given  under 
my  hand,  and  scale  this  eleauenth  day  of  November  1701.  and  in  the  first 
yeare  of  the  Reigne  of  our  soveraigne  Lord  King  James  the  Third. 

J  Stafford 


THE  KINGC2)  TO  CHARLES  INNES  OF  DRUMGASK. 

James  R. 

St  Germains  In  consideration  of  the  seruices  render'd  to  the  King  my  father  of 

26  April  1711  blessed   memory,    and    to    myself    by   Mr  Inese  almoner  to  the    Queen, 

and  also  in  consideration  of  the  seruices    and  sufferings  of  his  brother 

Charles  Inese  of  Drumgask,  I  promise  to  cause  pay  to  the  said  Charles, 

or  to  his  heirs  two  thousand  pounds   sterling,    and  till  he  receiues  that 


(1)  [Maria  D'Este,  the  Queen-consort  of  King  James  II.]    (2)  [The  Chevalier  de  St.  George.] 


1714.]  INNES    LETTERS.  377 

summ  in  one  payment  that  he  shall  be  paid  two  hundred  pounds  sterling 
yearly.  J  R. 

St.  Germains  April  26.  1711. 


XI. 

ADMISSION  OF   MR.   LEWIS    INNES  AS  ALMONER   TO  THE  KING.(i) 

These  are  to  certify  that  I  by  vertue  of  his  Majestys  warrant  directed 
to  me  and  dated  the  30th  of  November  last  past  have  sworn  and  admitted 
Mr.  Lewis  Inese  into  the  place  and  quality  of  Almoner  to  the  King.  To 
have  and  to  hold  the  said  place  with  all  the  fees,  salarys,  rights,  privileges, 
precedencys  and  advantages  thereunto  belonging  in  as  full  and  ample 
maner  as  any  Almoner  of  the  precedent  Kings  of  England  has  enjoyd. 
Given  under  my  hand,  the  23d  of  December  1713  and  in  the  13th  year 
of  his  Majestys  Reign.  Dom  :   Sheldon 

Vice  Chamberlain. 

XII. 
APPOINTMENT  OF  MR.  LEWIS  INNES  AS  ALMONER  TO  THE  KlNG.(i) 

James  R. 

Our  will  and  pleasure  is,  that  you  forthwith  swear  and  admit  our  Mr  Lewis  In- 
trusty  and  well  beloved   Mr.  Lewis  Inese  into  the  place  and  quality  of  'f^  ■"*'^^  L"'"'' 
our  Lord  Almoner ;  to  have  and  to  hold  the  said  place  with  all  the  fees,  the  King, 
sallarys,  rights,   priviledges,   precedencys   and   advantages   thereunto    be- 
longing in  as  full  and  ample  manner  as  any  Lord  Almoner  of  our  pre- 
decessours  Kings  of  England  have  heretofore  held  or  enjoy'd  the  same. 
And  for  so  doing,   this  shall  be  your  warrant.     Given  at  our   Court   at 
Bar-le-Duc  the  17th  of  March  1714.  and  in  the  13th  year  of  our  Reign. 

By  his  Majesties  command. 
To  our  right  trusty  and  welbeloved  Thomas  Higgons. 

Dominick  Sheldon  Esq'- 
Vice- Chamberlain  of  our  House-hold. 

(1)  [The  Chevalier  de  St.  George.] 


378  THE    SPALDING   CLUB    MISCELLANY.  [1737. 

XIII. 

THE  KING(i)  TO  MR.    INNES.(2> 

Rome.  April  30th.  1737. 
Mr  Inese. 
RomeSO  April  The  visits  of  the  Holy  Days,  and  The  Princes  journey,  have  left  me 

J         n  little  time  for  some  days  past,  But  however  I  will  not  delay  acknowleging 

the  receipt  of  your  two  letters  of  the  1st  and  loth.  And  desire  you  at  the 
same  time  to  make  my  kind  compliments  to  Dr  Ingleton  in  return  to  his 
letter  of  the  8th.  I  wish  him  truely  well,  and  am  much  concernd  his  health 
is  no  better.  I  remark  what  you  say  of  two  writen  promises  under  my 
hand,  I  can  assure  you  it  will  be  always  a  pleasure  to  me  to  perform  them 
when  the  time  comes,  and  to  do  all  that  is  kind  in  favor  of  your  College,  and 
of  your  Family.  It  is  certain  I  cannot  turn  my  thoughts  too  seriously 
towards  considering  of  the  proper  measures  to  be  taken  by  me  in  many 
particulars  upon  my  Restoration,  And  what  has  or  may  come  from  you  on 
such  subjects  may  be  as  useful,  as  it  will  be  always  acceptable.  The 
Prince  parted  yesterday  morning  from  hence,  and  will  I  reckon  be  two 
great  months  away,  if  my  endeavors  for  his  serving  the  campaigne  in 
Hungary  dont  succeed,  ffor  if  they  do,  he  will  pursue  his  journey  thither 
from  Venice,  and  I  heartily  wish  he  may,  as  I  am  sure  you  will,  and  as 
every  body  must  who  wish  me  and  my  cause  well.  Mr.  Edward  Diccon- 
son  is  not  yet  arrived  here ;  I  should  be  glad  to  know  what  original  letters 
or  writings  of  The  King  my  Fathers  you  have  in  your  College,  or  you  may 
know  are  extant  elsewhere  ? 

The  Duke  is   I  thank  God,  much  better,   and   I  am  well  enough,  and 
always  full  of  sincere  kindness  for  you. 

James  R. 

(1)  [The  Chevalier  de  St.  George.]  W  [Probably  Mr.  Leivis  Innes.] 


1738. 


1777.]  INNES    LETTERS.  379 

XIV. 
THE  KING(i)  TO    MR.   THOMAS  INNES. 

Rome.  February  25th.  1738. 
For  Mr  Thomas  Inese. 

The  news  you  give  me  in  yours  of  the  3d  of  your  brothers  death,  The  King, 
was  a  subject  of  no  surprize,  but  of  true  concern  to  me,  having  lost  "^^  February, 
in  him  a  most  faithful  servant,  who  joynd  capacity  and  zeal  in  my  service, 
which  are  not  always  found  in  the  same  person.  In  failleour  of  so  worthy 
a  person,  it  is  a  satisfaction  to  me  that  the  papers  he  had  in  his  custody 
belonging  to  me,  should  remain  under  your  care  and  that  of  your  nephew 
Mr  George  Innes,  because  I  am  persuaded  that  both  of  you  will  have  the 
most  exact  attention  in  all  that  relates  to  that  particular.  The  just  value 
and  kindness  I  had  for  Mr  Lewis  Innes,  will  always  engage  me  to  have  a 
particular  consideration  for  you,  as  it  will  be  an  additional  motive  to  me,  to 
favor  and  befriend  on  all  occasions  The  Scots  College  at  Paris. 

James  R. 

XV. 

THE  KING(2)  TO  MR.    HENRY  INNES. 

Florence  the  IS'.""  July,  1777. 
For  Mr  Henry  Innes  Procurator  of  the  Scotch  College  of  Paris. 
M'.  Innes, 

I  received  in  due  time  yours  of  the  Q'*"  June,  and  do  not  in  the 
least  doubt  of  your  following  the  futsteps  of  your  ancestors,  ho  were  sub- 
jects I  nue  already  that  the  late  King  my  Father  had  a  particular  reguard 
for  ;  It  guives  me  a  real  pleasure  to  here  how  your  new  Principal  is  so  well 
quallified  to  remplece  the  moste  worthy  decesed  M^  Gordon,  whose  death 
gave  me  concern,  as  it  was  a  great  loss  to  ower  Scotch  College  at  Paris  ; 
my  good  wishes  being  always  for  their  welfere,  assuring  both  you,  and  them, 
of  my  protection ;  so  remain  your  sincere  friend, 

Ch.^rles.  R. 

(1)  [The  Chevalier  de  St.  George.] 

(2)  [  Chfirles-Edward,  son  of  the  Chevalier  de  St.  George,  and  grandson  of  King  James  II.] 


380  THE    SPALDING   CI.UB    MISCELLANY.  [1787. 

XVI. 

THE  KING(i)  TO  MR.   HENRY  INNES. 

Florence  the  13'.''  February  1778. 

Florence  For  Mf  Henry  Innes, 

the  13  tt'-  Procurator  of  the  Scotch  Colledff  at  Paris, 

bruary  1778  ,,    xt  ^ 

Charles  R  M'  Henry  Innes, 

I  accept  kindly  your  expressions  of  zeal  and  loyialty,  joined  with  those 

of  our   Scotch  Coledg  at    Paris,  being  persuaded  that  they  are  sincere ; 

so  both  you  and  them  may  be  always  assured  of  ray  particular  reguard  and 

protection  ;  your  sincere  friend, 

Charles.  R. 

XVII. 
LA   DUCHESSE   DE  ALBANIE.(2) 

A  Rome  ce  18.  avril  1787. 
a  Rome  la  18.  Je  vous  remercie  bien  sincerement,  Monsieur,  de  la  part  que  vous 

April  1787      ^y^g  pj.j(;  ^  ,jj^  maladie  et  de  tout  ceque  vous  me  dite  d'obli^ent  sur  men 
la  duchesse  J.  .  .  .,  i  •  . 

de  Albanie      retablissement,  je  suis  extremmement  sensible  parceque  je  connois  depuis 

longtems  la  sincerite  de  vos  sentiments,  soies  bien  assure  de  toute  ma 
reconnoissance  ainsique  de  celle  que  [le  Roi](3)  mon  Pere  me  charge  de 
vous  temoigner  pour  le  souvenir  et  I'attachement  que  vous  lui  conserve. 

Ma  mere  ne  vous  a  point  oublies  aupres  de  moi  vous  pouves  en  etre 
persuade 

Je  desir  de  tout  mon  coeur  les  occasions  de  pouvoir  vous  convaincre. 
Monsieur,  de  I'estime  particuliere  avec  laquelle  je  vous  suis  bien  verita- 
blement  attache. 

La  duchesse  d'albanie. 

(1)  [Prince  Charles  Edward.] 

(2)  [The  illegitimate  daughter  of  Prince  Charles  Edward.] 

(3)  [The  words  "  le  Roi"  are  interlined  in  the  handwriting  of  the  duchess ;  the  rest  of 
the  letter,  the  signature  excepted,  is  written  by  another  hand.] 


XIV. 

THE  ORDER   OF   COMBATS   FOR  LYFE 
IN  SCOTLAND. 


THE    ORDER    OF    COMBATS 

FOR  LIFE  IN  SCOTLAND 

As  they  are  anciently  recorded  in  ane  old  Manuscript 

of  the   Laws    Arms   and  Offices  of  Scotland 

pertaining  to  James  I.  King  of  Scots. 

With  the  Office    and    Priviledges    the    Constable   and    Marshaell 
hes  in  them. 


[  *[[  /w  what  sort  the  day  of  Combat  was  appoynted.^ 

Cap.  I. 

r  IRST,  the  cartell  or  bill  of  quarrell,  als  weill  of  the  Challengers 
behalf  as  of  the  Defender's,  was  brought  into  the  court,  befor  the 
Great  Constable.  And  when  the  truth  of  the  caus  could  not  be  proven 
by  witness  nor  otherways,  then  was  it  permitted  the  same  should  re- 
ceive tryall  by  fforce  of  arms ;  the  one  partie  by  assailing,  and  the  other 
by  defending.  The  Constable,  as  vicar  generall  to  the  King,  assignd  the 
day  of  batteU,  which  was  to  be  performed  within  ffourty  days  nixt  follow- 
ing ;  wherto  both  the  Challenger  and  Defender  condescendit.  Then 
wer  the  combatants  commandit  to  bring  in  sufficient  pledges  for  surety 
that  they  and  every  one  of  them  should  appear  and  perform  the  combat, 
betuixt  the  sun  ryseing  and  gooing  doun  of  the  day  appoynted,  for  the 
acquytall  of  their  pledges  ;  and  that  they,  or  any  of  them,  should  not  doe 
or  cause  to  be  done  any  molestation,  dammage,  assault,  or  subtilty,  against 
the  person  of  his  enemie,  either  by  himself,  his  fireinds,  his  followers,  or 
any  other  person  whatsomever. 

3  c 


384  THE    SPALDING    CLUB    MISCELLANY. 

^  In  what  sort  the  King  comanded  the  place  of 
Combat  be  made. 

Cap.  II. 

X  HE  Kings  pleasur  being  signified  to  the  Constable,  he  caused  lists 
or  railes  to  be  made  and  sett  up,  in  lenth  sixty  paces,  and  in  breadth 
ffourty.  The  place  wheron  the  lists  wer  appoynted  were  ever  upon  plain 
and  dry  ground,  without  riggs,  hills,  or  other  impediments.  At  either 
end  of  the  lists  was  made  a  gate  or  entrie,  with  a  strong  barr  to  keep  out 
the  people.  For  guarding  of  either  gate,  the  Constable  appoynted  ane 
Serjeant  at  arms,  comanding  him  not  to  let  any  man  approach  within  fFour 
foot.  The  one  gate  opened  towards  the  east,  being  strongly  barrd  with 
a  raile  of  seven  foot  long,  as  noe  horse  could  pass  over  or  under  the  same. 


^  In  what  sort  the  King  did  sitt  to  behold  the  Combat. 

Cap.  III. 

On  the  day  of  battell,  the  King  used  to  sitt  on  ane  high  seat  or  scaifold, 
made  for  the  purpose,  at  the  ffoot  wherof  was  ther  ane  other  seat  made  for 
the  Constable,  who  calld  befor  him  the  pleges,  als  weill  of  the  De- 
fendent  as  of  the  Challenger,  to  be  shouen  and  presented  to  the  King ; 
there  to  remaine  within  lists,  as  prisoners,  untill  such  tym  as  the  Chal- 
lenger and  Defender  wer  come,  and  had  performed  all  ther  ceremonies. 


^  In  what  sort  the   Challenger  used  to  present  himself 
to  combat. 

Cap.  IV. 

X  HE  Challenger  used  comonly  to  come  to  the  east  gate  of  the  lists,  and 
brought  with  him  such  armours  as  wer  appoynted  by  the  Constable,  and 


ORDER   OF    COMBATS    IN   SCOTLAND.  385 

wherwith  he  determined  to  fight.  Being  at  the  gate,  he  stayd  till  such 
tym  as  the  Constable  arose  from  his  seat,  and  went  to  him.  He  being 
come  to  the  said  gate  of  the  lists,  and  beholding  the  Challenger  ther,  the 
Constable  sayd,  For  lehat  cans  art  thow  come  hither  thus  armed?  And 
what  is  thf/  name  f  Unto  whom  the  Challenger  ansuered  thus  :  Mi/  name 
is  A.  D.,  and  am  here  come,  armed  and  mounted,  to  perform  my  challenqe 
against  G.  D.,  and  acquitt  my  pledges ;  loherfor  I  humbly  entreat  your 
Honour  this  gate  may  be  opened,  and  I  suffered  to  perform  my  intent  and 
purpose.  Then  the  Constable  did  open  the  visor  of  his  headpiece,  to  see 
his  fface,  and  therby  to  know  that  man  to  be  he  who  makes  the  challenge. 

These  ceremonies  ended,  the  Constable  comanded  the  gate  of  the 
lists  to  be  opened,  wherat  the  armed  man,  with  his  necessaries  and 
councill,  entred.  From  thence  he  was  brought  befor  the  King,  wher 
he  remained  untill  such  tym  as  the  Deifender  was  come  hither. 

In  lyk  maner  the  Defender  compearing,  did  make  requeist  unto  the 
Constable,  desyreing  that  he  would  be  pleased  to  delyver  and  discharge  his 
pledges.  Wherupon  the  Constable,  aryseing  from  his  seat,  did  humbly 
entreat  the  Kings  Majestic  to  release  them,  becaus  the  Defender  is 
already  come,  and  presented  befor  his  Majestic,  ther  to  perform 
his  duty. 

But  in  cace  the  Defender  did  not  come  at  tym  convenient,  in  the  day 
appoynted,  then  did  the  King  delyver  his  pleasur  to  the  Constable,  and  he 
reported  the  same  unto  the  Marishall,  who  ffurthwith  did  give  order  unto 
the  liuetenant  that  the  Defender  should  presently  be  called  to  appear,  by 
the  Herauld  Marischall,  after  this  maner  : 

OIEZ!  G.D.,  Defendant  in  this  combat!  Appear  now !  ffor  in  this  day 
thoic  hast  taken  upon  thee  to  acquitt  thy  pledges,  in  presence  of  the  Lord 
Constable  and  Marishall ;  And  also  defend  thy  person  against  A.  B.,  ivho 
challenged  thee  to  mentaine  this  combat. 

This  proclamation  was  made  thryce  at  the  end  of  the  lists.  But  if,  at 
the  second  tym,  the  partie  appeared  not,  then  the  Herauld  did  add  these 
words : 

The  day  passeth,  and  therfore  come  icithout  delay  ! 

And  if  in  cace  the  said  Defendant  appeared  not  befor  noon,  but  stayed 
untill  the  third  hour  after,  then  did  the  Herauld,  by  comandment  of  the 
Constable,  in  the  begining  of  the  proclamation,  say  : 

A.  B.,  appear  in  haist,  and  save  tliyn  honour  .'  ffor  the  day  is  we  ill  near 
spent  wherin  thoiv  did  promise  to  perform  thy  enterpryse  ! 


386  THE    SPALDING   CLUB    MISCELLANY. 

I.  It  was  also  used,  that  the  Constables  clerk  should  in  a  book  record 
the  hour  of  the  combatants  appearing  within  lists,  either  on  ffoot  or 
horseback,  in  what  sort  they  wer  armed,  of  what  collour  their  horses 
wer,  and  how  they  were  furnished. 

II.  It  was  anciently  used  that  the  Constable  moved  the  King  in  favor 
of  the  combatants,  to  know  whither  his  Majesty  were  pleased  to  appoynt 
any  of  his  nobility,  or  other  officers  of  reputation,  to  assist  them  for  counciU 
in  combat. 

III.  The  Constable  did  survey  the  lances  and  other  weapons,  wher- 
with  the  combat  should  be  performed,  making  them  equall,  and  of  even 
raeasur. 

IV.  The  Constable  also  appoynted  tuo  knights  or  esquyres  unto  the 
Challenger,  to  keep  the  place  ffree  from  impediments.  The  lyk  was  also 
done  for  the  Defender. 

V.  The  Constable  did  also  move  the  King  to  know  whither  his  Majestie 
in  person  would  take  the  oaths  of  the  ffighters,  or  give  him  authority  to  do 
it  out  of  his  presence. 

VI.  The  Constable  also  did  send  the  Marishall  unto  the  Challenger 
and  his  councill,  to  make  ready  his  oath,  declaring  that,  after  that 
ceremonie,  all  protestations  should  be  voyd. 

After  these  things,  the  Great  Constable  caused  his  clerk  to  bring  furth 
the  Book,  wherupon  the  combatants  were  solemnly  sworn. 


U    Tlie  First  Oath. 

Cap.   V. 

The  Constable  having  causd  the  clerk  read  the  Challengers  bill,  and 
calling  him  by  his  name,  sayd,  Doest  thow  conceive  the  effect  of  this  bill  / 
Here  is  also  thy  own  *  glove  of  defyance.  THOW  SHAL  T  SWEAE 
by  the  Holy  Evangelists,  that  all  things  therin  containd  be  true,  and  that 
thow  shall  mentaine  it  so  to  be  upon  the  person  of  thyne  enemie ;  As 
God  shall  help  yow,  and  the  Holy  Evangelists. 
The  oath  thus  taken,  he  was  led  back  unto  his  former  place ;  and  the 

*  In  some  copies  it  is  read  gauntelit. 


ORDER   OF    COMBATS    IN    SCOTLAND.  387 

Constable  did  cause  the  Marishall   produce  the   Defender,  who  took  the 
lyk  oath. 

The  oath  was  ever  taken,  the   parties  kneeling,   unless  it  pleased  the 
Constable  to  pardon  that  duty. 


^    Hie  Second  Oath. 

Cap.   VI. 

i.  HE  second  oath  was  also  indifferently  proponed  to  ather  of  them,  Thut 
they  had  not  brought  into  the  lists  other  armour  or  wapons  than  was 
allowed;  neither  any  engine,  charm,  herb,  or  inchantment ;  And  that  neither 
of  them  should  put  trust  in  any  thing  other  then  in  God,  and  ther  oun 
valours  ;  As  God  and  the  Holy  Evangelists  should  help  them. 
That  done,  they  wer  both  again  sent  to  their  places  of  entrie. 


H    The   Third  Oath. 

Cap.   VII. 

J.  HE  combatants  being  again  called,  wer  comanded  by  the  Constable  to 
take  one  the  other  by  the  hand,  and  lay  their  left  hands  upon  the  Book  ; 
which  done,  the  Constable  sayd,  /  charge  thee,  A.  D.,  Challenger,  upon 
thy  faith,  that  thow  doe  thyn  outermost  endeavour  and  fforce  to  prove 
thyn  affirmation,  either  by  death  or  denyall  of  thyn  adversarie,  befor  he 
departeth  these  lists,  and  befor  the  sun  goeth  doun  this  day  ;  As  God  and 
the  Holy  Evangilists  shall  help  thee. 

The  very  same  maner  of  oath,  in  lyke  maner  used,  was  offered  unto 
the  Defender,  and  that  done,  the  combatants  returnd  utito  ther  places 
with  their  ffi-einds  and  councellors. 

These  ceremonies  ended,  the  Herauld,  by  commandment  of  the  Consta- 
ble, did  make  proclamation  at  the  ffour  corners  of  the  lists,  thus : 
OIEZ!    OIEZ! 

Wee  charge  and  command,  in  the  name  of  the  King  and  his  Constable, 


388  THE    SPALDING   CLUB    MISCELLANY. 

that  no  man  oftohat  estait,  title,  or  degree  whatsomever,  shall  aproach  the 
lists  nearer  than  four  foot  in  distance;  none  shall  utter  any  speech,  voice, 
or  countenance,  wherhy  either  the  Challenger  or  Defender  may  take  ad- 
vantage ;  upon  pain  of  loss  of  lyfe,  living,  and  goods,  to  be  taken  at  the 
Kings  good  pleasur. 

Then  the  Constable  assignd  a  place  convenient  within  the  lists  wher 
the  King  of  Arms,  Heraulds,  and  other  officers  should  sitt  or  stand,  and 
be  ready  if  they  wer  call'd ;  ffor  afterwards  all  things  wer  committed  to 
their  charge,  als  weill  on  the  behalf  of  the  Defender  as  Challenger ;  as  if 
any  thing  were  forgotten  in  ther  confessions,  either  toutching  ther  lands  or 
consciences,  or  that  any  of  them  desyred  to  eat  or  drink  :  All  these  wants 
were  supplyed  by  the  Heraulds,  and  none  other. 

But  here  is  to  be  noted,  That  no  meat  or  drink  could  be  given  to  the 
Challenger,  without  leave  ffirst  asked  of  the  Defender,  who  coraonly  did 
not  deny  the  requeist :  And,  after,  the  Herauld  went  unto  the  Constable  and 
made  him  privie  therunto,  desyreing  the  favour  that  the  combatants  might 
eat  and  drink,  or  ease  their  bodies  if  need  wei'e. 

After  these  orders  taken,  the  Constable  and  Marishall  did  avoyd  the 
lists  of  all  sorts  of  persons,  save  only  one  knight,  and  two  esquyrs,  armed, 
to  attend  the  Great  Constable  ;  and  tuo  esquires  only  to  wait  on  the  Ma- 
rishall ;  ather  of  them  having  in  his  hand  a  launce  without  a  head,  ready  to 
part  the  combatants,  if  the  King  did  command. 

Of  more  ancient  tym,  the  Constable  used  to  have  tuo  lieutenents  and 
four  servants,  and  the  Marishall  one  lieutenent  and  tuo  servants,  within 
lists  ;  one  part  to  keep  oi-der  on  one  syd,  and  the  rest  on  the  other.  And 
if  the  Queen  hapned  to  behold  the  combat,  then  the  Constable  and  one 
lieutenent,  and  the  Marishall  with  none  but  himself,  waited  upon  the  Kings 
syd  ;  and  ther  lieutenents  attended  on  the  Queen. 

Then  did  the  Constable  alone,  sitting  doun  befor  the  King,  send  his 
lieutenent  to  the  Challenger  to  come  unto  him ;  and  the  Marshall  accom- 
panied the  Defender. 

The  Constable  thus  sett,  did  pronounce  this  speech  with  a  loud  voyce. 

Let  them  goe  !    Let  them  goe  !    Let  them  goe  !  and  do  their  best  ! 

Upon  which  words,  pronounced  in  the  Kings  presence,  the  Challenger 
did  march  towards  the  Defender,  to  assaile  him  furiously,  and  the  other 
prepared  himself  for  defence  the  best  he  could. 

In  the  mean  time,  the  Constable,  Marishall,  and  their  lieutenents,  stood 
circumspectly  to  hear  and  see  if  any  word,  sign,  or  voyce  of  yeelding  were 


ORDER  OF  COMBATS  IN  SCOTLAND.  389 

uttered  by  ather  of  the  ffighters  ;  and  also  to  be  ready,  if  the  King  should 
command  the  launces  to  be  lett  fall,  to  depart  the  flight. 

Item,  it  belonged  of  old  to  the  Constable  to  take  heed  that  none  of  them 
should  privily  speak  to  other  of  yeelding  or  otherways ;  ifor  unto  the  Con- 
stable appertaind  the  record  and  witnessing  of  all  things. 

And  in  cace  the  combat  wer  for  question  of  treason,  he  that  was  van- 
quished should  be  furthwith  disarmed,  within  lists,  by  commandment  of  the 
Constable ;  also,  the  weapons  and  armour  of  the  vanquished  was  in  one 
end  of  the  lists  defaced  to  his  disgrace,  and  after  the  same  drauen  out  to- 
gither  with  his  horse ;  IFrom  thence  also  the  man  vanquished  was  drauen 
out  unto  the  place  of  execution  to  be  there  headed  or  hanged,  according  to 
the  custom  of  the  countrey. 

The  performance  of  the  said  punishment  of  treason  on  the  bodies  of  the 
vanquished  pertains  to  the  Marishalls,  who,  at  the  Kings  command,  must 
see  justice  duely  administrat. 

If  the  combat  wer  only  for  tryall  of  vertew  or  honour,  he  that  was  over- 
come therin  was  only  disarmed,  and  put  out  of  the  lists  without  furder 
punishment. 

If  it  should  happen  that  the  King  should  take  the  quarrell  into  his  hand, 
and  agrie  the  parties  without  longer  ffight,  then  did  the  Constable  lead  the 
one,  and  the  Marishall  the  other,  out  of  the  lists,  at  severall  gates,  armed, 
mounted  as  they  wer,  haveing  especiall  regaird  that  neither  of  them  should 
go  the  one  befor  the  other ;  ffor  the  quarrell,  resting  in  the  Kings  hand, 
might  not  be  renewed,  or  any  violence  offered  without  prejudice  to  the 
Kings  honour. 

And  becaus  it  is  a  poynt  very  especiall  in  matters  of  arms,  that  he,  who 
leaveth  the  lists  ffirst,  incurreth  a  note  of  dishonour  ;  therfor  to  depairt  the 
lists  in  dew  tym  was  ever  precisely  observed,  were  the  combat  for  treason, 
or  whatsomever  cause  els. 


^    TJie   Constables  Fees. 

Cap.  VIII. 

J.  HE  Constable  should  have  all  the  armours  or  weapons  that  are  accus- 
tomed to  have  or  hold  ifree  battell ;  that  is  to  say,  a  spear,  a  sheild,  a  long 


390  THE    SPALBING   CLUB   MISCELLANY. 

sword,   a  square  sword,  and  a  knyfe,  with  the  haill  Jewells  and  rings  the 
vanquisht  had  about  him  at  his  entring  in  quarrell. 


^    Tlie  Marishalls  Fees. 

Cap.  IX. 

1  HE  fees  of  the  Marishall  were  all  horses,  broken  armour,  or  other  ifur- 
nitur  that  fell  to  the  ground  efter  the  combatants  did  enter  the  lists,  als 
weill  from  the  Challenger  as  from  the  Defender.  But  the  more  inward 
abulyiements  pertaind  to  him  that  was  victorious,  whither  Defender  or 
Persewar. 

The  barrs,  posts,  railes,  and  every  other  part  of  the  lists,  wer  also  the 
ifees  of  the  Marishall. 


[  ^    The  counter  JJsts.'] 

Cap.   X. 

1  T  is  also  to  be  remembred,  That  without  the  principall  lists  were  ever 
certain  counter  lists,  betuixt  which  tuo  the  servants  of  the  Constable  and 
Marishall  did  stand.  Ther  stood,  also,  the  Kings  Serjeants  at  arms,  to 
see  and  consider  if  any  default  or  offence  wer  committed  contrarie  to  the 
Constables  proclamation,  against  the  Kings  royal  Majestic,  or  the  law  of 
arms.  These  men  were  ever  armed  at  all  pieces  to  keep  the  lists,  and 
also  to  arreist  and  apprehend  any  the  Constable  or  his  lieutenent  should 
command. 


XV. 


MEMOIR 


JOHN    SECOND    EARL    OF   PERTH. 


3    D 


A  BRIEFE  ACCOUNT 

OF  THE 

LIFE    OF   THE    RIGHT    HONOURABLE    JOHN    EARLE 
OF    PERTH, 

EXTANT    UNDER    HIS    OWN    HAND. 


After  my  so  long  travelling,  or  rather  wrestling,  through  the  uncertain- 
ties of  this  unconstant  world,  it  is  high  time  now  to  look  back,  and  call  to 
minde  our  bygon  escapes,  which,  although  they  seeme  unrecoverable,  yet 
to  recoi-d  the  samein  may  perchance  serve  for  exemple  to  others  for  eschew- 
ing the  like  inconveniences,  since  all  prosperitie  flowes  from  the  Lords 
grace  and  favour,  as  disasters  doe  from  ourselves. 

I  was,  as  has  beeine  often  told  race,  about  live  quarters  old  when  my 
motherW  departed  this  life,  leaving  after  her  six  daughters  and  two  sonnes 
in  a  hard  condition  be  reason  of  her  decease.  Yet  it  pleased  God  so  to 
provide  for  us,  as  few  in  the  countrey  had  better  fortunes. 

Speciall  care  was  taken  of  my  elder  brother,  James  Master  of  Drum- 
mond,  his  education,  who  proved  therafter  a  verie  fine  youth.  He  was 
sent  to  France  in  anno  1598,  where  hee  was  bred  at  sehooles  and  learned 
his  other  exercises :  Hee  returned  home  to  England  at  King  James  his 
first  coming  there,  and  the  next  ensewing  yeare  was  created  Earle  of  Perth 
with  the  Earles  Hume  and  Dunfermling,  in  March,  1605,  (the  date  of 
the  patent  is  Apud  palatium  nostrum  de  Wliiteliall  vndecimo  die  mensin 
February,  1605,  et  regnorum  nostrorum  38°  et  secundo,  mar/num  sigillum 
appositum :  which  Dunfermling  has  in  keeping,  and  wee  have  onlie  the  ex- 
tract under  the  clerk  registers  hand,  who  therafter  was  Chancellour  Hay :) 


(1)  [Lady   Elisabeth   Lindsay,  daughter  of   David,   eighth   Earl   of    Crawford,   wife  of 
Patrick,  third  Lord  Drummond.] 


394  THE    SPALDING    CLUB    MISCELLANY. 

And  then  was  sent  with  the  Lord  Admirall  of  England  to  Spaine  for  con- 
cluding the  peace  betwixt  these  two  kingdomes.  Shortlie  after  that,  hee 
was  married  to  Ladie  Isobell  Seaton,  the  Earle  of  Wintowns  onlie 
dauo'hter,  and  then  contracting  ane  hectick  sicknes,  he  died  in  Seaton, 
in  winter,  1611,  and  was  honourablie  buried  there  in  the  chappell,  leaving 
onlie  one  daughter  who  was  therafter  married  to  the  Earle  of  Sutherland. 
I  was  all  this  while  but  litle  regarded,  unprovided  by  my  father  to  anie 
considerable  fortune,  and  sent  to  the  school  of  Dunblain,  where  I  was  but 
careleslie  looked  to  for  the  space  of  seven  or  eight  yeares,  my  teachers 
being  but  ignorant  persons,  using  their  slavish  discipline  conforme  to  their 
own  humors,  teaching  Ramus  his  grammar  unprofitablie.  My  second 
sister,*  (Lilies  Ladie  Fivie  then  maried  to  the  Lord  President  of  the 
Session,  therafter  Chancellour  and  Earle  of  Dunfermling),  caused  send 
for  mee  to  Edinbrugh,  where  I  stayed  almost  the  space  of  two  yeares. 
And  when  King  James  was  proclaimed  King  of  England,  in  the  month  of 
March,  1603,  the  colledge  was  neglected.  So  about  August  I  went  north 
with  the  said  Lord  President,  who  had  invited  my  brother  to  Fivie.  By 
the  way  wee  were  noblie  entertained  at  Edzell  and  Crathus,  and  sundrie 
other  places  in  the  north.  At  the  end  of  this  yeare  I  obtained  leave  to 
goe  for  France,  upon  a  verie  meane  allowance.  My  voiage  by  sea  was 
both  longsome  and  dangerous,  being  in  the  dead  of  winter.  Our  first  land- 
ing from  Leith  was  at  Yarmouth,  after  five  nights  sailing  ;  and  therefra 
wee  came  to  Dartmouth,  where  wee  stayed  three  dayes  ;  from  that  wee  came 
to  Brest  in  Brittanie,  where  wee  stayed  a  whole  month  by  reason  of  con- 
trarie  windes :  Then  after  much  labour  and  stormie  agitations,  wee  arrived 
at  the  He  of  Rea,  where  I,  with  certain  other  passengers,  quat  our  ship, 
and  by  boat  came  to  Rochell,  where,  for  the  time,  they  were  buildmg  their 
outmost  walls,  which  since  have  been  ruined  and  the  town  sacked.  From 
that  place  I  went  by  water  to  a  litle  town  called  Royan,  at  the  mouth  of 
Garronne,  and  so  up  the  river  by  boat  to  Bordeaux,  where  I  rencountred 
with  Monsieur  Balfour,*')  Principall  of  the  College,  and  a  great  mathema- 
tician, who  used  mee  verie  kindlie,  and  in  many  things,  as  it  were,  bare  my 
charges.     I  remained  with  him  three  yeares  and  above.     Then  I  went  to 

*  Shee  departed  this  life  at  Dalgatic,  leaving  four  daughters,  who  were  all  honourablie 
married  to  Lauderdale,  Seaforth,  Kellie  and  Balcarres. 

(1)  [A  memoir  of  this  learned  Scot  will  be  found  in  Dr.  Irving's  Lives  of  Scotish  Writers, 
vol.  i.,  pp.  234—246.     Edinb.  1839.     8vo.] 


MEMOIR    OF    JOHN    SECOND    EARL    OF    PERTH.  395 

Toluse,  a  faire  citie,  and  stayed  in  companie  with  Monsieur  Cadan  or 
Kid/')  a  learned  doctor  in  the  lawes,  and  with  Monsieur  Red,*^)  a  doctor 
in  physick.  At  this  time,  almost  for  a  year  I  frequented  the  publick  lec- 
tures of  the  lawes,  not  understanding  anie  thing  else,  nor  having  anie  friend 
who  could  informe  how  the  world  went,  so  that  I  saw  manie  things,  but  ob- 
served litle,  though  I  was  alwayes  in  good  companie,  though  unfit  for 
raannaging  of  affaires,  as  beeing  meere  schollers,  and  careles  of  anie  thing 
else.  At  lenth  I  went  to  Paris,  where  more  was  to  be  seen  then  in  all 
France  else,  by  reason  of  the  King  and  courts  abiding  there,  with  all  that 
great  dependence. 

In  the  next  spring,  1610,  Henrie  the  Fourth  was  preparing  for  warre, 
and  had  a  great  armie  on  foot :  His  pretence  was  for  the  Prince  of  Con- 
dies  going  to  Flanders  with  his  dame  privilie,  by  his  licence  or  consent,  as 
was  reported.  But  God  dissipated  all  their  designes  by  the  stroak  of  a 
desperate  villain  called  Ravaillack,  who,  without  cause  or  offence  known, 
killed  his  own  Soveraigne  Prince  in  Paris  the  fourteenth  May,  1610,  where 
I  was  for  the  time  with  sundrie  other  gentlemen  of  our  nation,  having  seen 
the  day  before  great  magnificence  and  solemnitie  at  the  Queens  coronation 
in  Saint  Denis  :  Strange  and  remarkable  contrarieties  to  have  fallen  out  in 
so  short  a  space  ! 

About  the  beginning  of  August  next,  I  took  journey  towards  Scotland  by 
England,  where  my  sister  (therafter  Countesse  of  Roxbrough)  was  serving 
Qweene  Anne ;  with  whom  I  remained  but  a  short  space,  and  so  went  on  to 
my  native  countrie,  and  forgathered  with  ray  brother  at  Seatown.  The 
next  day  I  saluted  the  Chancellour  at  Edinbrugh,  and  remained  there  and 
therabout  all  the  ensewing  winter.  The  next  spring,  my  brother,  the 
Earle  of  Perth,  contracted  a  longsome  sicknes,  wherof  he  departed  this  life 
at  Seatoun  in  December,  1611,  to  the  great  regrait  of  all  who  knew  him  : 
To  whom  I  succeeded  as  heire  of  tailyie.  The  estate  was  but  small,  yet, 
by  the  help  of  friends  and  honest  mannagerie,  it  proved  better  than  was 
expected.       At    this    time    our  Highlands    were  much    disquited  by  the 

(1)  [Jacobus  Cadanus,  or  James  Kid,  according  to  Dempster,  a  native  of  Dundee,  "  vir 
prodigiosae  memoriae,  ac  infinitae  inexhaustaeque  lectionis,  utraque  lingua  super  hoc  secu- 
lum  facundus."  Dempsteri  Historia  Ecclesiastia  Gentis  Scotorum,  vol  i.,  p.  193.  Edinb. 
1829.  He  was  professor  of  law  in  the  university  of  Toulouse,  where,  according  to  the  author 
just  cited,  he  died  in  1612.     See  Dr.  Irving's  Lives  of  Scot.  Writ.,  vol.  i.,  pp.  241,  242.] 

(2)  [Doubtless  the  Dr.  Raid  to  whom,  as  Dempster  tell  us,  Kid  or  Cadamus  bequeathed 
a  portion  of  his  valuable  library.     Hist.  Ecclesiast.  /.  c] 


396  THE    SPALDING   CLUB    MISCELLANY. 

M'Grefors,  and  warrants  were  given  out  by  authorite  to  suppresse  them 
by  all  meanes  possible.  In  the  month  of  March,  1612,  I  came  from  Edin- 
brugh,  to  the  Lord  Balmerinos  house  in  Fife,  where  I  was  friendlie  en- 
tain'd,  hee  being  then  out  of  court  and  off  the  Session.  Sir  Alexander 
Drummond  of  Medope  was  with  mee,  my  verie  speciall  good  friend,  to 
whose  good  counsell  I  was  much  obliged.  (Hee  was  one  among  the 
worthiest  of  his  Majesties  honourable  privie  counsellors  and  Senators  of 
the  College  of  Justice.  Hee  departed  this  life  on  Sunday  the  eleventh 
Julie,  1619,  leaving  manie  children,  to  whom  hee  rather  bequeathed  a  noble 
commendation  of  his  incorrupted  vertue  to  be  imitated  then  great  patrimonie. 
In  his  verie  rising  hee  died,  and  left,  as  it  were,  but  a  glance  of  his  worthi- 
nes  :  fata  viam,  ratioqiie  scojmm.)  From  that  I  went  by  Duncrub  to  Drum- 
mond, and  remained  some  while  there.  In  the  meantime  some  dussein  of 
the  Clangregor  came  within  the  leach  of  the  countrie,  Robin  Abroch, 
Patrick  M'Inchater,  and  Gregor  Gair  being  chiefs.  This  Abroch  sent  to 
my  chalmerinlan,  David  Drummond  of  Innermey,  desiring  to  speak  to  him. 
After  conference,  Robin  Abroch,  for  reasons  known  to  himselfe,  alleaging 
his  comrads  and  followers  were  to  betray  him,  was  contented  to  take  the 
advantage,  and  to  let  them  fall  in  the  hands  of  justice.  The  plot  was  cun- 
ninglie  contrived,  and  six  of  that  number  were  killed  upon  the  ground 
where  I  with  certain  friends  was  present :  Three  were  taken,  and  one  es- 
caped, by  Robin  and  his  man.  This  execution  raised  great  speeches  in  the 
countrie,  and  made  manie  acknowledge  that  these  troubles  were  put  to  ane 
end,  wherewith  King  James  himselfe  was  well  pleased  for  the  time. 

Immediatelie  after  this,  I  went  to  court,  and  stayed  there  seven  or  eight 
months,  where  I  encountred  manie  seeming  friends.  My  sister  was  verie 
kynde  and  beneficiall  to  me,  so  that  my  abode  at  court  cost  mee  litle  or 
nothing  to  speak  of.  About  the  midle  of  September,  1612,  I  returned  to 
Scotland,  and  was  at  the  parliament,  where  a  meane  taxation  was  granted 
for  supplie  of  the  Kings  daughters  marriage  with  the  Prince  Palatine  on  the 
Rhine.  Alexander,  Earle  of  Dunfermling,  chancellour,  was  lord  comissioner 
for  the  time  :  (Who  also  had  beeine  appointed  Deputie  and  Viceroy  sun- 
drie  times  both  in  parliament  and  other  comissions  by  his  Majestie  King 
James  ;  being  instructed  with  most  vertues,  learned  and  heroick  qualities, 
as  having  spent  a  great  part  of  his  youth  in  the  best  townes  of  Italie  and 
France,  where  all  good  Uterature  was  professed :  A  man  most  meek,  just, 
and  wise,  deserving  greater  commendation  then  paper  can  containe.     Hee 


MEMOIR   OF    JOHN    SECOND    EARL    OF    PERTH.  397 

was  thrice  married  ;  first  to  Lillias  Drummond,  second  lawful!  daughter 
to  Patrick  Lord  Druinmond  ;  next  to  Gressel  Leslie,  eldest  lawfuU 
daughter  to  the  Master  of  Rothes,  father  to  this  Earle  of  Rothes  ;  and, 
lastlie,  to  Margaret  Hay,  onlie  lawfull  daughter  to  the  late  Lord  Yester. 
After  the  age  of  sixty-seven  yeares  or  therby,  hee  departed  this  life,  to  the 
great  regrait  of  all  honest  men  within  the  realme  where  hee  lived,  and 
to  all  others  who  knew  his  worth,  in  speciall  to  all  his  dearest  friends,  at 
Pinkie,  the  sixteenth  June,  being  Sunday,  1622.  Nee  eede  adversis  rebus, 
nee  crede  seciindis.) 

After  this  I  visited  the  Lord  Roxbrough  at  his  own  house,  and  in  Sep- 
tember, the  next  yeare,  1613,  I  was  married  to  his  eldest  daughter,  Ladie 
Jane  Ker,  who  came  to  Drummond,  accompanied  with  her  father  and  other 
speciall  friends,  at  Hallowmas,  remaining  there  but  a  few  dayes.  Among 
others  was  her  brother,  William  Master  of  Roxbrough,  a  verie  handsome 
and  hopeful!  youth,  who  shortlie  after  went  to  France,  and  died  at  Somer, 
whose  losse  was  the  more  regraited  that  he  had  no  brothers.  The  next 
spring  wee  went  to  Dunblane,  foreseeing  that  if  anie  ceremonie  were  to  be 
used  at  the  baptisme  of  our  childe,  it  would  be  most  commodious  for  us  in 
that  place.  My  wife  being  delivered  of  a  sonne,  August  first,  1614,  the 
Queene  would  needs  have  him  called  Henrie,  the  Countesse  of  Montrose 
being  her  Majesties  deputie  for  that  effect.  The  childe  became  a  verie  fyne 
boy,  and  well  favoured,  too  much  commended  by  all  that  saw  him.  About 
the  eighth  yeare  of  his  age  hee  contracted  a  strange  and  various  sicknes, 
the  doctors  of  physick  incapable  to  discerne  or  help  the  same,  wherof  hee 
departed  this  life  ;  whom  his  mother  followed  the  verie  next  month,  in  the 
end  of  October,  1622,  leaving  behinde  her  four  sons,  James,  the  eldest ; 
Robert,  the  second,  who  died  in  France  ;  John,  the  third ;  and  William, 
therafter  Earle  of  Roxbrough ;  and  two  daughters,  Jane,  Countesse  of 
Wigtoun  :  and  Lillias,  Countesse  of  Tullibardin.  My  two  eldest  sones  were 
sent  to  France  some  yeares  after  this.  Dr.  Olipher  being  their  governour. 
My  daughters  were  bred  with  my  sister  Roxbrough,  some  times  at  home, 
and  then  at  court,  till  they  were  married.  Sed  quorsum  haec  tarn  multa 
et  frivola  et  tenuia  ? 

Although  this  narration  may  seeme  idle  in  regard  of  thir  times,  all  men 
being  then  at  quiet,  yet  wee  wanted  not  our  own  particular  grievances, 
some  time  for  one  cause,  and  some  times  for  another ;  so  that  in  this  life  no 
man  with  reason  can  propone  rest  or  securitie  to  himselfe,  vexation  of  spirit 


398  THE    SPALDING    CLUB    MISCELLANY. 

and  vanitie  often  times  molesting  us.  I  had  much  trouble  in  settling  of  dif- 
ferences among  friends  and  neighbours,  to  keep  marches  right ;  wherupon 
ther  arose  cumber  and  debates,  the  most  troublesome  wherof  was  with  the 
Earle  of  Linlithgow  about  the  marches  of  Glenartney,  which  was  ended  when 
his  lands  of  Callender  fell  in  to  this  house  by  purchase.  I  sold  some 
lands  and  bought  others  for  commoditie  of  our  house,  and  lived  reasonablie 
well,  according  to  the  times,  without  debosh  or  drinking,  by  diet,  ane  in- 
tolerable fault,  and  too  much  approven  in  this  unhappie  age.  Happie  are 
they  who  can  eschew  it  in  time  with  other  enorme  vices  whatsoever  ! 

All  this  while  I  lived  a  single  life,  causing  breed  my  children  with  peda- 
gogues both  at  home  and  abroad,  in  all  vertue,  according  to  their  age.  After 
ray  eldest  sonne  came  from  France,  hee  marriedCJ  Ladie  Anna  Gordoun, 
eldest  lawfull  daughter  to  the  Marques  of  Huntlie.  Shee  was  a  discreet 
and  most  worthie  ladie.  The  forme  of  her  Last  Good  Night  to  this  world 
I  have  written  in  another  paper.(2)  Shee  left  onlie  two  sonnes  and  one 
daughter,  of  whose  breeding,  God  willing,  wee  shall  have  a  speciall  care. 

(1)  [In  1639.  "  In  the  mean  time,  the  lord  Drummond  is  marryed  to  lady  Ann,  his 
[the  Marquess  of  Huntly]  eldest  daughter,  who  was  ane  precise  puritane,  and  therfore  weill 
lyked  in  Edinburgh.  This  marriage  was  celebrated  with  great  solemnitie.  Many  nobles 
and  knights  were  there.  Among  the  rest,  the  lord  Gordone  came  frae  Strathbogie  to  the 
samen,  who  had  bidden  there  since  August  1639."  Spalding,  Hist,  of  Troub.  vol.  i.  pp. 
177,  178.] 

(2)  [The  paper  alluded  to  seems  to  be  the  following,  which  is  printed  from  a  copy  pre- 
served along  with  the  Memoir  : 

"  As  heroick  deeds  haue  ever  been  held  in  admiration,  and  related  to  posterity  for  ad- 
vancing vertue,  so  the  directions  and  last  words  of  eminent  persons  dying  have  justlie  been 
transmitted  to  succeeding  ages,  not  onlie  for  eternizing  the  authors  name  (if  that  wer  pos- 
sible) and  gracing  their  memorie  :  But  also  that  posterity  might  learne  whom  to  follow  and 
imitat  in  the  lyk  case,  and  in  all  virtuous  behaviour  :  for  although  this  age  inclineth  much 
to  iniquity,  and  partiall  dealing ;  yet  is  it  not  altogether  so  destitut  of  discretion  and  honesty, 
but  notable  exemples  ar  to  be  found  for  our  instruction,  if  we  could  make  right  vse  of  the 
same,  flowing  even  from  our  oun  dearest  friends  whose  worth  can  never  be  sufficiently  re- 
corded, nor  yet  admired  enough  by  the  beholders  themselvs,  far  less  by  such  as  ar  by 
report  to  be  acquainted  therwith :  And  although  perfite  eloquence  be  most  requisite  for 
such  a  relation ;  yet  simple  trueth  needs  no  supplie  or  adminicle  of  ostentive  language ; 
being  most  sincere  of  itself,  and  alluring  to  be  insinuated  within  understanding  and  upright 
hearts. 

"  This  yeer,  1656,  begouth  with  a  great  eclyps  of  the  moon,  and  on  the  sixteenth  of  the 
same  moneth  there  ensued  a  notable  darknes  of  the  sun  ;  betwixt  which  two  it  pleased  God  to 
lay  a  notable  affliction  vpon  this  house,  by  calling  to  himself  LADY  ANNA  GORDON, 
LADY  DRUMMOND,  eldest  lawfull  daughter  to  the  late  Marques  of  HrNTLT, 
whose  worth  can  never  be  sufficiently  expressed  ;  she  always  being  most  religiouslie  dis- 
posed, and  of  a  solid  and  strong  wit,  discreit  towards  all  that  had  the  hapines  of  her  ac- 
quaintance, chaste,   vertuous,  forseeing,  temperat,  of  a  most   excellent    behaviour,    and 


MEMOIR    OF    JOHN    SECOND    EARL    OF    PERTH.  399 

A  litle  before  this,  great  troubles  fell  out  in  this  miserable  and  unhappie 
land,  more  by  our  own  wilfull  misguiding  then  fi-om  other  violence  ofl'ered 
us.  The  King  is  unjustlie  dethroned;  the  kirk  discipline  is  altered  and 
abused;  traifick  is  lost ;  and  all  pretended  reformation  turned  to  the  worse, 
to  our  utter  ruine  and  confusion,  except  that  God  miraculouslie  doe  help  it. 
We  are  under  the  English  command,  and  not  so  ill  used  by  farre  as  wee 
deserve,  although  halfelie  ruined  et  agentes  vitam  precariam. 

comelie  cariage  without  pryd  or  vaine  ostentation  :  In  a  word  no  vertue  was  wanting  in  her 
wherof  anie  true  Christian  was  participant.  She  lived  with  her  husband  about  sexteen 
yeers,  in  all  iTiity,  their  love  ever  encreasing :  lykas  she  gained  more  and  more  the  favour- 
able commendation  of  all  her  acquaintance,  being  weell  and  noblie  bred  from  her  youth :  For 
she  remained  some  few  yeers  with  her  mother  the  Marquise  of  Hhntlt  in  France,  where 
she  was  much  respected  and  esteemed  even  by  these  who  professed  great  skill  in  censuring 
good  and  ripe  wits,  as  being  quick  and  naturallie  disposed  for  all  honorable  exercises  both 
of  body  and  mynd.  In  England  she  was  in  no  less  esteeme  both  by  King  and  Queen  and 
Nobles  frequenting  that  court,  never  being  named  or  mentioned  but  with  due  respect, 
as  most  free  from  all  blemish  of  light  behaviour  wherto  then  it  was  thought  too  manie 
wer  inclined,  perchance  vndeservedlie,  envy  always  accompanieng  the  most  illustrious 
persons.  Yet  she  being  capable  of  greatest  fortune  was  humblie  contented  with  her  lot 
which  God  ordained  for  her,  far  beneath  her  worth,  and  true  deserving  :  And  albeit  she 
had  these  enduements  and  perfections,  which  might  haue  invited  her  to  live  after  a  courthe 
way,  yet  she  chused  rather  to  remaine,  as  it  wer,  solitarie  at  home  in  a  quyet  godlie  and 
virtuous  raaner,  then  in  ostentive  conversation  whatsomever.  Optima  matronae  laus  la- 
tuisse  probae.  But,  becaus  God  thought  us  unworthie  of  so  great  a  blessing,  he  withdrew 
her  to  himself  on  a  Wednesday,  the  ninth  of  January,  1656,  the  eleventh  day  after  she  was 
delyver  of  a  daughter,  whom  we  called  ANNA,  after  herself:  And  when  we  thought 
all  danger  was  past,  it  was  otherways  decreed  in  Heaven,  for  finding  herself  grow  sick  she 
took  from  Doctor  Paton  some  medicine  which  profited  nocht :  So  her  disease  cncreasing, 
after  conference  with  her  husband,  she  called  for  the  whole  houshold  long  before  day  and 
took  her  leave  of  them  all,  and  everie  one  in  particular,  with  that  assurance  and  courage,  as 
if  she  had  been  making  for  a  short  voyage  to  visit  her  friends.  She  spake  to  the  servants 
kyndlie,  and  put  them  in  mind  to  doe  their  duety  als  weell  for  their  own  cr^ite  as  their 
masters  profite.  She  bade  fairweell  to  her  father  in  law,  and  to  her  husband,  with  notable 
kind  expressions  :  Then  calling  for  her  young  children,  she  blessed  them  and  recommended 
them  to  God,  since  she  was  no  more  to  help  them,  telling  the  assistents  that  instead  of  one 
ANNA  she  left  them  another  young  one  :  All  this  she  did  without  anie  signe  or  token  of 
regrate,  which  was  admirable,  and  no  small  greife  to  us  for  so  great  a  loss,  if  so  we  might 
name  it :  Then  when  the  minister  had  said  a  prayer,  short  while  after  she  prayed  herself 
most  pertinently  with  earnest  and  perfite  expressions,  as  none  could  speake  better  ;  After 
that  she  lay  quiet  a  while,  yeilding  her  spirit  most  devotlie  to  our  Redeemer  ;  Whom  I 
beseech  at  His  oun  apointed  tym  to  graunt  us  such  deliverie,  in  all  godlines,  and  faithfull 
assurance  of  our  salvation  ;  that  as  she  now  is,  so  we  may  remain,  blessed  for  ever.      Amen. 

"  This  is  the  short  abridge  of  ane  excellent  subject,  truelie  recorded  by  him  who  was  pre- 
sent, out  of  whose  thought  no  thing  earthlie  is  able  to  delet  the  sacred  memorie  of  so  lament- 
able a  pairting,  more  hapie  for  her  who  is  gone  then  for  them  she  left  in  distress.  Non  de- 
cessit,  sed  praecessit,  in  aeternum  quietura,  ubi  fruitur,  cum  dikctis  in  Christo,  Sabbato 
Snbbatorum. 

"  Her  funerallswas  honorablie  accomplished  at  the  chapell  of  Innerpefrie,  upon  the  twenty 
third  day  of  January,  1656,  manie  speciall  good  friends  accompanieing  the  same."] 

3    E 


400  THE    SPALDING    CLUB    MISCELLANY. 

This  weak  house  where  I  am  (forby  the  publick  calamities),  was  first  fyned 
by  our  Scots  committee  to  thirty  thousand  pounds  Scots,  and  that  onlie  for  a 
visite  made  by  my  sonne  to  his  cusin  Montrose.  Then  the  Protector  layed 
on  us  (as  was  thought  without  just  cause),  other  twenty  thousand  pounds 
Scots.  All  this  was  by  his  imprisonment,  longsome,  faschious  and  costlie; 
but  God,  I  hope,  will  send  remedie  when  hee  thinkes  time.  No  content- 
ment had  I  all  this  while,  but  continuall  crosses  either  at  home  or  abroad ; 
so  that,  in  praesentia,  annum  agens  septnagesimum  tertium,  senectntis  malis 
(juasi  fractus,  portum  exoptans,  requiem  in  Christo  sempiternam  expecto. 
20»  Junij  1657. 


XYI. 

BULLA   URBANI  lY. 

PRIORI  ET  FRATRIBUS  MONASTERII  VALLIS 
S.  ANDREE  DE  PLUSKARDYN  CONCESSA. 

A.D.    M.CC.LXIII. 


BULLA  URBANI  IV.  MONASTERIO  VALLIS 
S.  ANDREE  DE  PLUSKARDYN  CONCESSA. 


U  RBANUS  episcopus  seruus  seruorum  Dei  dilectis  filijs  Priori  mo- 
nasterij  Uallis  Sancti  Andree  eiusque  fratribus  tam  presentibus  quam 
futuris  regularem  uitara  professis  in  perpetuum  •  Religiosam  uitam  eli- 
gentibus  Apostolicum  conuenit  adesse  presidium  ne  forte  cuiuslibet  temeri- 
tatis  incursus  aut  eos  a  proposito  reuocet  aut  robur  quod  absit  sacre 
religionis  infringat  •  Eapropter  dilecti  in  Domino  filij  uestris  iustis  postu- 
lationibus  clementer  annuimus  et  monasterium  Sancte  Dei  Genitricis  et 
Uirginis  Marie  ■  Vallis  Sancti  Andree  Morauiensis  dioceseos  in  quo 
diuino  estis  obsequio  mancipati  ad  instar  felicis  recordationis  Gregorij  • 
pape  •  predecessoris  nostri  sub  Beati  Petri  et  nostra  protectione  suscipimus 
et  presentis  scripti  priuilegio  communimus  •  In  primis  siquidem  statuentes 
ut  ordo  monasticus  qui  secundum  Deum  et  Beati  Benedicti  regulam  atque 
institutionem  fratrum  Vallis  Caulium  in  eodera  monasterio  institutus  esse 
dinoscitur  perpetuis  ibidem  temporibus  inuiolabiliter  obseruetur  •  Preterea 
quascumque  possessiones  /  quecumque  bona  idem  monasterium  impresen- 
tiarum  iuste  ac  canonice  possidet  /  aut  in  futurum  concessione  pontificum 
largitione  Regum  uel  Principum  oblatione  fidelium  seu  alijs  iustis  modis 
prestante  Domino  poterit  adipisci  firma  nobis  uestrisque  successoribus  et 
illibata  permaneaut  •  In  quibus  hec  proprijs  duximus  exprimenda  uocabu- 
lis  •  Locum  ipsum  in  quo  prefatum  monasterium  suum  situm  est  cum 
omnibus  pertinencijs  suis  -  Ecclesiam  sitam  in  villa  que  nominatur  Durres 
cum  decimis  garbarum  eiusdem  loci  et  alijs  omnibus  pertinencijs  suis  •  Jus 
patronatus  quod  in  eadem  ecclesia  obtinetis  •  Decimas  garbarum  quas 
habetis  in  forestis  que  Pluskardin  et  Wthutyr  uulgariter  nuncupantur  • 
Decimas  quas  habetis  in  molendinis  positis  in  forestis  eisdem  necnon  et 


404  THE    SPALDING    CLUB    MISCELLANY.  [1263. 

decimas  de  ferro  quod  in  forestis  foditur  supradictis  •  Vsum  piscandi  cum 
viginti  retibus  quem  habetis  in  flumine  quod  Spee  uulgariter  nuncupatur  • 
Molendinum  cum  aquarum  decurslbus  et  omnibus  pertinencijs  suis  quod 
habetis  in  villa  que  nominatur  Elgyn  •  Terras  et  possessiones  quas  habetis 
in  locis  que  Feniauay  /  Thulidoui  /  Kep  /  Kintessoch  maiorem  et  Mefth 
uulgariter  nuncupantur  •  Terras  et  foresta  que  habetis  in  locis  que  Plus- 
cardin  et  Wtbtitir  uulgariter  nuncupantur  cum  terris  pratis  nemoribus 
usuagijs  et  pascuis  in  bosco  et  piano  in  aquis  et  molendinis  in  uijs  et 
semitis  et  omnibus  alijs  libertatibus  et  immunitatibus  suis  ■  Sane  de  ortis 
uirgultis  piscationibus  et  pratis  uestris  ac  uestrorum  animalium  nutrimentis 
nuUus  a  uobis  decimas  exigere  uel  extorquere  presumat  ■  Liceat  quoque 
Qobis  clericos  uel  laicos  liberos  et  absolutos  e  seculo  fugientes  ad  conuer- 
sionem  recipere  ac  eos  absque  contradictioue  aliqua  retinere  •  Prohibemus 
insuper  ut  nulli  fratrum  uestrorum  post  factam  in  monasterio  uestro  pro- 
fessionem  ■  fas  sit  sine  Prioris  sui  licentia  nisi  artioris  religionis  obtentu 
de  eodem  loco  discedere  ■  discendentem  uero  absque  communium  litterarum 
uestrarum  cautione  nullus  audeat  retinere  •  Ad  hec  etiam  prohibemus  ne 
aliquis  monachus  uel  conuersus  sub  professione  uestre  domus  astrictus  sine 
consensu  et  licencia  Prioris  et  maioris  partis  capituli  uestri  pro  aliquo 
fideiubeat  uel  ab  aliquo  pecuniam  mutuo  recipiat  ultra  summam  capituli 
uestri  prouidentia  constitutam  nisi  propter  manifestam  domus  uestre  utili- 
tatem  •  Quod  siquis  facere  forte  presumpserit  non  teneatur  conuentus 
pro  hijs  aliquatenus  respondere  •  Licitum  preterea  sit  uobis  in  causis  pro- 
prijs  siue  ciuilem  siue  criminalem  questionem  contineant  /  fratrum  uestro- 
rum testimonijs  uti  ■  ne  pro  defectu  testium  ius  uestrum  ualeat  in  aliquo 
deperire  •  Preterea  cum  commune  interdictura  terre  fuerit  liceat  uobis 
nichilominus  in  uestro  monasterio  excommunicalis  et  interdictis  exclusis 
non  pulsatis  campanis  suppressa  uoce  diuina  officia  celebrare  •  dummodo 
causam  non  dederitis  interdicto  •  Obeunte  uero  te  uunc  eiusdem  loci  Priore 
uel  tuorum  quolibet  successorum  nullus  ibi  qualibet  surreptionis  austutia  seu 
uiolentia  preponatur  •  nisi  quem  fratres  communi  consensu  uel  fratrum 
maior  pars  consilii  sanioris  secundum  Deum  et  Beati  Benedicti  regulam 
prouiderint  eligendum  •  Paci  quoque  et  tranquillitati  uestre  paterna  in 
posterum  sollicitudine  prouidere  uolentes  auctoritate  Apostolica  prohibemus 
ut  infra  clausuras  locorum  seu  grangiarum  uestrarum  nullus  rapinam  seu 
furtum  facere  •  ignem  apponere  •  sanguinem  fundere  •  hominem  temere 
capere  uel  interficere  seu  uiolentiam  audeat  exercere  ■  Decernimus  ergo  ut 


1263.]  BULLA    MONASTERIO   DE    PLUSKARDVN.  405 

nulli  omnino  horainum  liceat  prefatum  monasterium  temere  perturbare  aut 
eius  possessiones  auferre  uel  ablatas  retinere  minuere  seu  quibuslibet  uexa- 
tionibus  fatigare  sed  omnia  Integra  conseruentur  eorum  pro  quorum  guber- 
natione  ac  sustentatione  concessa  sunt  usibus  omnimodis  profutura  •  Salua 
sedis  Apostolice  auctoritate  et  diocesani  episcopi  canonica  iusticia  et  in 
predictis  decimis  moderatione  concllij  generalis  •  Siqua  igitur  in  futurum 
ecclesiastica  secularisue  persona  banc  nostre  constitutionis  paginam  sciens 
contra  earn  temere  uenire  temptauerit  secundo  tertioue  commonita  nisi 
reatum  suum  congrua  satisfactione  correxerit  poteslatis  honorisque  sui 
careat  dignitate  reamque  se  diuino  iudicio  existere  de  perpetrata  iniquitate 
cognoscat  et  a  sacratissimo  corpore  ac  sanguine  Dei  et  Domini  Redemptoris 
nostri  Ibesu  Christi  aliena  fiat  atque  in  extremo  examine  districte  subiaceat 
ultioni  •  Cunctis  autem  eidem  loco  sua  iura  seruantibus  sit  pax  Domini 
nostri  Ihesu  Christi  •  quatinus  et  hie  fructum  bone  actionis  percipiant  et 
apud  districtum  iudicem  premia  eterne  pacis  inueniant  ■  Amen — Amen  • 

Ego  URBANUS  catholice  ecclesie  episcopus  •  S  • 

Ego  Symon  tituli  Sancti  Martini  presbiter  cardinalis- 
Ego  Ancherus  tituli  Sancte  Praxedis  presbiter  cardinalis- 
Ego  frater  Guido  tituli  Sancti  Laurencii  jn  Lucina  presbiter 

cardinalis  • 
Ego  GuiLLELMUs  tituli  Sancti  Marcj  presbiter  cardinalis- 

Ego episcopus  - 

Ego  Stephanus  Prenestinus  episcopus - 

Ego  frater     ....     tituli  Sancte  Ruffine  episcopus- 

Ego  Radulphus episcopus - 

Ego  Henricus  Hostiensis  et  Velletrensis  episcopus- 

Ego  Guido episcopus - 

Ego  RiCARDUs  Sancti      .     .     .     diaconus  cardinalis  • 
Ego  Octauianus  Sancte  Marie  in  Via  Lata  diaconus  cardi- 
nalis • 
Ego  Johannes    Sancti  Nicholai  in   Carcere   Tulliano  dia- 
conus cardinalis  • 

Ego Sancti  Adrianj  diaconus  cardinalis  • 

Ego  Jacobus  Sancte  Marie  in  Cosmydin  diaconis  cardinalis  • 
Ego  GoTTiFRiDus   Sancti   Georgij  ad  Velum  Aureum  dia- 
conus cardinalis  • 


406 


THE    SPALDING    CLUB    MISCELLANY. 


[1263. 


Datum  Apud  Vrbem  Ueterem  per  manum  magistri  Michaelis  de  Tholosa 
sancte  Romane  ecclesie  Vicecancellarij  •  tertio  •  mensis  Julij  •  Indictione  ■ 
sexta  •  Incarnationis  Dominice  Anno  •  millesimo  -  ducentesimo  •  sexage- 
simo  tertio  •  Pontificatus  uero  domini  Urban  i  •  pape  •  quarti  •  Anno 
Secundo  • 


INDEX. 


3    F 


INDEX    TO    THE    NAMES    OF   PERSONS 
AND    PLACES. 


Aberdeen,  9, 10,  29,  31,  32,  33,  34,  35, 
36,  37,  38,  39,  40,  41,  42,  43,  44,  45, 
46,  47,  50,  51,  52,  53,  54,  55,  56,  57, 
58,  59,  63,  64,  65,  66,  67,  68,  71,  73, 
83,  98,  99,  100,  107,  108,  116,  158, 
163,  166,  215,  254,  261,  266,  279- 

Aberdeen,  Breviary  of,  366. 

Aberdeen,  Old,  40,  42,  43,  55,  56,  58, 
98,  99,  170. 

Aberdeen,  University  of,  44,  53,  54, 
56,  71,  73,  172,  173,  331,  366. 

Aberdeen,  William,  second  Earl  of,  12, 
17,  21,  23,  25. 

Abergeld}',  Laird  of,  41. 

Abirbrothoc,  Bernardus,  Abbas  de,  211. 

Abircrombyn,  Willelmus  de,  312. 

Achenior,  309- 

Acheson,  Sir  Archibald,  senator  of  the 
College  of  Justice,  222,  224,  227,  228. 

Achindown,  Laird  of,  53. 

Achnagairn,  5. 

Achquhorty,  Laird  of,  64. 

Acthakaynt  (Achnacant),  58. 

Ada,  filius  Gilleberti,  305. 

Adam,  prior  de  Cupro,  318. 

Adamson,  Patrick,  titular  archbishop  of 
St.  Andrews,  46. 

Adloht,  Johannes  de,  311. 

Aird,  11. 

Alanson,  Ewin,  captain  of  the  Clan  Ca- 
meron, 83. 

Alanus,  filius  Walteri,  dapifer,  303,  304, 
305. 

Albany,  Duchess  of,  daughter  of  Prince 
Charles  Edward,  380. 

Albanie,  Johannes,  dux,  181,  190,  192, 
193. 

Albany,  Murdoch,  Duke  of,  319. 

Albanie,  Robertus,  Dux,  321. 


Aid,    Willelmus,    burgensis   de   Perth, 

315. 
Alexander  L,  248,  362. 
Alexander  IL,  248,  250,  305. 
Alexander  IIL,  248,  250,  307,  365. 
Alexander  VL,  Pope,  365. 
Alfwin,  filius  Archill,  359. 
Allirdasse,  David  de,  321. 
Amyance  (^ Amiens),   106. 
Ancherus,   Sancte  Praxedis    cardinalis, 

405, 
Anderson,   Alexander,  principal   of  the 

King's  College  of  Aberdeen,  44. 
Anderson,  David,  master  of  kirk  work 

and  bailie  of  Aberdeen,  33,  34. 
Anderson,  John,  chantor  in  the  kirk  of 

Aberdeen,  63. 
Anderson,    David,   bailie   of  Aberdeen, 

51,52,57,  58,  64,  65. 
Andreas,  Abbas  de  Cupar,  313. 
Andreas,  persona  de  Inchethor,  307. 
Andree  S.  de  Pluskardyn,  vallis,  403, 404. 
Andrew's,  St.,  36,  37,  47,  104. 
Anne,    Queen    of  James   VL,    63,    65. 

395. 
Angus,  Archibald,  Earl  of,  243. 
Angus,  Archibald,  eighth  Earl  of,  50. 
Angus,  William,  ninth  Earl  of,  66. 
Angus,  W^illiam,   tenth  Earl  of,   94,  95. 

96. 
Angus,  163,  167. 

Annand,  John,  of  Murrestoun,  135,  141. 
Annandale,  George,  third  Marquis  of,  1 2. 
Applecross,  5. 

Aquhiniek,  Grissel,  Lady  Coliston,  55. 
Aquinlek,  Janet,  Lady  of  Ti party,  41. 
Arbrocht,  Abbott  of.  See  Hamylton. 
Arbuthnott,  Alexander,  principal  of  the 

King's  College  of  Aberdeen,  53,  54,  56. 


410 


Ai-liuthnott,  Laii-d  of,  108,  109,  1 10, 1 1 1, 
Arbutlinott,  Robert,  first  Viscount,  115. 
Arbuthnott,     Robert,   second  Viscount, 

11*;. 
Arbuthnott,  Robert,  of  Fyndowrie,  115, 

1  \6. 
Arbuthnott,  Robert,  of  that  Ilk,  107. 
Arbuthnott,    James,    of  that    Ilk,    105, 

106,  107. 
Arbuthnott,    Marion    Scrimgor,     Lady, 

103,  105. 

Arbuthnott,  Robert,  of  that    Ilk,    103, 

104,  105. 

Arbuthnott,  101,  103,  106,  108. 

Ardewat,  125. 

Argyle,  John,  second  Duke  of,  6,  8,  11, 
12,  245. 

Argyll,  Archibald,  Marquis  of,  115. 

Argyll,  Colin,  third  Earl  of,  107. 

Argyll,  Colin,  sixth  Earl  of,  44. 

Arran,  James,  first  Earl  of,  112,  113, 
114,   115,   178. 

Arran,  James,  second  Earl  of,  and  Duke 
of  Chatelherault,  34,  37,  108,  109, 
197,  198,  199,  204,  205,  .342. 

Aslowne,  Laird  of,  63. 

AthoU,  David  (de  Strathbolgie),  comes 
de,  249. 

Atholl,  James,  second  Duke  of,  5. 

Atholl,  John,  fourth  Earl  of,  44 

Atholl,  John,  fifth  Earl  of,  93,  94. 

Atterbury,  Dr.  Francis,  bishop  of  Ro- 
chester, 357. 

Auchindoir,  172. 

Auchindoun,  274. 

Auchinleck,  Sir  George,  senator  of  Col- 
lege of  Justice,  222,  225,  227,  228. 

Aucbtertyre,  123. 

Auldchonneii  (Aultnachoilnachan),  123. 

Aviemore,  5. 

Avdan,  King,  360. 

Ayr,  215. 

Bachlow,    Walter,    warden    of   Friars 

Minors  at  Dumfries,  327. 
Bagenacht  (Badenoch),  81,  83,   87,    89, 

138. 
Balcome,  in  Fyfe,  33. 


Balcasky,  Johannes  de,  312. 

Balfour,  Robert,  principal  of  the  College 

of  Bordeaux,  394. 
Balfour,    Sir   James,    president    of   the 

College  of  Justice,  37. 
Balliol,  Alexander  de,  camerarius  Scocie, 

314. 
Balmerino,  James,  first  Lord,  396. 
Balnanione,  Laird  of,  115. 
Balormy,  120,  122,  123,  124.  132. 
Balquhkin,  Laird  of,  42,  51. 
Baluze,  Etienne,  370. 
Banft;  73,  83,  89,  99. 
Bannerman,    Alexander,    of  Watterton. 

261,  262. 
Baracht  (Barra),  65. 
Barclay,  James,  chaplain  in   the  parish 

kirk  of  Aberdeen,  50. 
Bayol,  Johannes  de,  308. 
Beaufort,  4,  26,  27. 
Belchastell,  93. 
Bellenden,  John,  archdeacon  of  Moray. 

364. 
Bellintone,  Laird  of,  94. 
Bennoquhie,  205. 

Bercley,  Dominus  David  de,  miles,  Vice- 
comes  de  Fyf,  318. 
Berkelai,  Robertus  de,  303. 
Berkelai,  Walterus  de,  303,  318. 
Bernardus,  filius  Briani,  304. 
Bethune,  James,  archbishop  of  Glasgow. 

356,  365,  .369,  .371,  374. 
Betoun,  Dominus  David  de,  miles,  311. 
Betoun,  Dominus  Robertus  de.  miles,  31 1. 
Birney,  120,  121,  127,  128,  133,  1.34. 
Bishopmill,  125. 
Blair  of  Atholl,  5. 
Blairnahall,  122,  123. 
Blakburn,    Peter,    minister,    afterwards 

bishop    of  Aberdeen,  55,  57,  64,  66, 

67,  68,  150,  152,  158,  159- 
Blakhall,  William,  of  That  Ilk,  63. 
Blantyre,  Walter,  first  Lord,  342. 
Blynsall,  Robert,  alderman  of  Aberdeen, 

254. 
Bodwallhaucht  (Bothwellhaugh),  36. 
Boece,  Hector,  353,  354,  364,  370. 
Boghall,  116. 


INDEX. 


411 


Boidwall  (Bothwell),  Francis   Stewart, 

Earl  of,  67. 
Boig,  Laird  of,  66. 

Boscho,  Willelmus  de,  cancellarius  Re- 
gis, 306. 
Bosevill,  Robertus  de,  303. 
Bothwell,  James,  fourth  Earl  of,  35. 
Bothwell,  Patrick,  third  Earl  of,  201. 
Boyd,  Robert,  sixth  Lord  of,  162. 
Boyerfield,  4. 
Boyle,  Hon.  George,  372. 
Brauchly,  80,  83. 
Brisbane,  Thomas,  321. 
Bruce,   Alexander,   minister  of  Cruden, 

343,  345. 
Bruce,  Sir  Henry,  222,  225,  227,  228. 
Brun,  Willelmus,  313. 
Buccleugh,  Francis,  second  Duke  of,  12, 

1.3. 
Buchan,  Alexander,  of  Auchmacoy,  273. 
Buchan,    Alexander  Cumin,  Comes  de, 

Constabularius  Scocie,  248. 
Buchan,    Johannes  Cumin,    Comes    de, 

Constabularius  Scocie,  249,  314. 
Buchan,  Robert  Douglas,  Earl  of,  53. 
Buchan,  Christian,  Countess  of,  53. 
Buchanie,   Johannes  Senescalli,  Comes, 

321. 
Buchanan,  George,  353,  355,  370. 
Bulk,  Thomas,  bailie  of  Aberdeen,  64. 
Bulky  (Buckie),  38. 
Burnett,   Thomas,  parson   of  Methlick, 

and  commissary  of  Aberdeen,  53,  55. 
Byboyis,  Emma,  filia  Roberti,  310. 

Cabeli,,  Alexander,  parson  of  Banchory 

St.  Devenick,  261. 
Cadell,  John,  Laird  of  Aslowne,  63. 
Caithness,   Andrew  Stewart,  bishop  of, 

105,  106,  163,  166. 
Caithness,  John,  third  Earl  of,  83. 
Caithness,  George,  fourth  Earl  of,  336. 
Caledour,  Hugo  de,  304. 
Camboc,  Johannes  de,  312. 
Camboc,  Dominus  Willelmus  de,  miles, 

318. 
Cambrun,  Dominus  Robertus,  de  Balg- 

ligirnauch,  miles,  315. 


Cambruyn,  Dominus   Johannes,   miles, 

309.  ' 
Carabuskenneth,  211. 
Camerarius,  Joachimus,  36. 
Cameron,  Clan,  83. 
Campanya,  Dominus  Petrus  de,  312. 
Campbell,  John,  of  Calder,  94. 
Campbell,     Patrick,   of    Kethick,   282, 

283. 
Carmichael,  Sir  James,  115. 
Carmychill,     William,     rector     of    the 

Grammar  School  of  Aberdeen,  53. 
Carnegy,  Sir  Alexander  of  Babiamone, 

115. 
Carnegj',  Sir  John,  of  Craig,  1 15. 
Carnegie,    Robert,    of    Kynnard,    274, 

275. 
Carnigill   (Cargill),  Thomas,   rector   of 

the  Grammar  School  of  Aberdeen,  53. 
Carnwath,  Laird  of,  99. 
Carr,  Sir  Thomas,  of  Fernihirst,  58. 
Catenach,  Mr.,  advocate,  Aberdeen,   10, 

18. 
Chalmer,  John,  of  Balbithan,  56. 
Chalmer,  John,  clerk  of  the  consistory, 

Old  Aberdeen,  42. 
Chalmer,    Marjory,    spouse    to    Gilbert 

Menzies,  provost  of  Aberdeen,  34. 
Chalmer,  Medonis,  Lady  of  Fynlater,  32. 
Chalmers,    Alexander,    of    Balnacraig, 

269,  270,  271. 
Charles   Edward,    Prince,   grandson    of 

James  ML,  379,  380. 
Charles   L,    222,   224,   225,   229,   231, 

233,  355. 
Charles  VIL,  King  of  France,  181,  182, 

183. 
Chatelherault,  James,  Duke  of,  108, 109. 
Cheislie  of  Dairy,  297. 
Cheyne,  Henry,  of  Essilmont,  267,  263. 
Cheyne,  John,  of  Essilmont,  261. 
Cheyne,  John,  bailie,  Aberdeen,  59. 
Cheyne,  Patrick,  of  Essilmont,  267,  268. 
Chilrimund,  359- 
Claikriak,  Laird  of,  59. 
Clan  Chattan,  81,  83,  84. 
Clavalge,  Laird  of,  77. 
Cloway,  39- 


412 


Cloynin,  303,  306. 
Cluny,  Laird  of,  85,  87,  88,  89. 
Cochran,  John,  of  Pitfour,  271,  272. 
Cochran,  Willelmus  de,  321,  322. 
Colison,  Gilbert,  bailie  of  Aberdeen,  44, 

46. 
Colison,  Sir  John,  subchanter  and  vicar 

of  Aberdeen,  45,  56. 
Coliston,  Laird  of,  63. 
Collison,  Duncan,  bailie  of  Aberdeen,  32. 
CoUison,  John,  bailie  of  Aberdeen,  63, 

64,  66,  67. 
Columb,  St.,  360. 
Colville,  James,  Lord,  222. 
Comgall,  King,  360. 
Conal,  King,  360. 
Condy  (Conde),  Prince  of,  96. 
Constantine  IV.,  361. 
Constance    (Adamson),  Patrick,  titular 

archbishop  of  St.  Andrews,  46. 
Contray,  Laird  of,  77- 
Conne,  Patrick,  of  Achray,  298. 
Corsley,  120. 
Corribrough,  5. 
Coupar,  William,  bishop  of  Galloway, 

161,  162. 
Cowie,  baronia  de,  321. 
Cowpar,   Sir  William,   chaplain   in   the 

parish  kirk  of  Aberdeen,  33. 
Craibstayne,  38. 
Craig,  Mr.  John,  minister  at  Aberdeen, 

40,46,  47,51. 
Craufurd,  David,  Earl  of,  44. 
Craufurd,  David,  seventh  Earl  of,   198, 

271. 
Craufurd,  David,  eighth  Earl  of,  199. 
Craufurd-Lindsay,   John,  Earl  of,  240. 
Crawford,     Thomas,    son    of    William 

Crawford  of  Federat,  262. 
Crawford,  William,  of  Federat,  256. 
Crawfurd,   William,   laird    of    Federat, 

65. 
Cromdale,  140. 

Crome  (Crombie),  Laird  of,  52. 
Cromj',  Andrew,  warden  of  the  Friars 

Minors  at  Kircudbright,  327. 
Crychton,  J.,  of  Frendraught,  288,  289, 

291. 


Crystesoun,  Dauid,  rector  de  Cambus- 
lang,  200,  201. 

Cubin,  Laird  of,  120. 

CuUen,  Alexander,  35,  36,  39,  43,  44, 
46,  52,  53,  54,  57,  58,  65,  66,  67. 

Cullen,  Andrew,  provost  of  Aberdeen, 
33,  35. 

Cullen,  Andrew,  parson  of  Fetterneir, 
and  vicar  of  Aberdeen,  34. 

Cullen,  Andrew,  elder,  bailie  of  Aber- 
deen, 31. 

Cullen,  Andrew,  younger,  bailie  of 
Aberdeen,  31. 

Cullen  (Coligny),  Jaispart  of,  admiral  of 
France,  39. 

Cullen,  Jaispartt,  bailie  of  Aberdeen, 
34. 

Cullen,  John,  provost  of  Aberdeen,  31. 

Cullen,  Robert,  bailie  of  Aberdeen,  31, 
33. 

Cullen,  Walter,  elder,  bailie  of  Aber- 
deen, 32,  33,  34,  35. 

Cullen,  Walter,  younger,  Vicar  and 
Reader  of  Aberdeen,  36,  39,  45,  46, 
51,52,57,  64,67,  68. 

Cullen,  minister  at,  172. 

Cumin,  Willelmus,  304. 

Cumyn,  Walterus,  306. 

Cumming,  Patrick,  minister  at  the  Old 
Kirk  of  Edinburgh,  9,  15,  16,  21. 

Cumming,  Thomas,  of  Altyre,  135. 

Cumming,  William,  of  Kelles,  122. 

Cunyngayme,  David,  titular  bishop  of 
Aberdeen,  46,  52,  53,  67,  68. 

Cungynaymeheid,  Laird  of,  46. 

Cupar,  Abbey  of,  215,  347. 

Cupar  Angus,  282. 

Cupar  in  Fife,  199,  215. 

Cupre,  Dominus  A.  Abbas  de,  315. 

Cuthbert,  Tliomas,  burgess  of  Inver- 
ness, 211. 

Dalnakeardach,  5. 

Dalrachany,  14. 

Dandaleyth,  Laird  of,  125. 

Darly   (Darnley),  Henry  Stuart,   Lord, 

King  of  Scotland,  35. 
Darnvey  (Darnaway),  123. 


413 


David,  Earl  of  Huntingdon,  brother  of 

William  the  Lion,  362,  363. 
David  I.,   248,  249,  358,  359,  362,  363. 
Dauid,  Mariscallus,  249. 
Dayneskin,  41. 
Dee,  Bridge  of,  40,  98,  1 16. 
Denmark,  Frederic  II.,  King  of,  63,  65. 
Dingwall,  17. 
Dog,  Robertus,  311. 
Dolace,  Henry,  of  Contray,  77. 
Dolles,  128. 
Don,  River,  98. 
Donald  VI.,  362,  363. 
Dongard,  King,  360. 
Douglas,   Alexander,  bishop  of  Moray, 

150,  151,  155,  156. 
Douglas,  Archibald,  first  Duke  of,  245. 
Douglas,  Archibald,  of  Glenbervie,  177, 

197. 
Douglas,     Archibald,    of    Pittendreich, 

119,  120,  121. 
Douglas,  Sir  Archibald  of  Kilspindie,  193. 
Douglas,  Sir  George,  193. 
Douglas,   Jacobus    de    (the    Good   Sir 

James),  211. 
Douglas,  James,  canon  of  Ross,  177. 
Douglas,  Robert,  bishop  of  Dunblane, 

.301. 
Douglas,  William,  vicar  of  Elgin,  121. 
Doune,  castle  of,  195. 
Doveron,  River,  99. 
Dranye,  131. 
Drum,  lands  of,  10. 
Drum,  Mills  of,  53. 
Drummond,  Sir  Alexander,  of  Medope, 

396. 
Drummond,  Rev.  Alexander,  367,  368. 
Drummond,  Chamberlain,  5. 
Drummond,  David,  of  Innermey,  396. 
Drummond,  Henry,  tutor  of  Blare,  281. 
Drummond,  James,  bishop  of  Brechin, 

301. 
Drummond,  John,  of  Innerpeffre,  275. 
Drummond,  Lady  Mary,  5. 
Drummond  Castle,  5,  6. 
Dronlay  (Dronlaw),  307,  308,  313. 
Dryburgh  Abbey,  75,  77. 
Duffiis,  Laird  of,  94. 


Duffus,  124,  140. 

Dulci  Corde  in  Gahvyidia,  Abbathia  de, 

314. 
Dulcraig,  4. 
Dumbarton,  89. 
Dumbarton,  Castle  of,  36. 
Dunballoch,  5,  20,  25. 
Dunbar,  Alexander,  of  Inchbrok,  1 25. 
Dunbar,  Gavin,  bishop  of  Aberdeen,  32. 
Dunbar,  Gavin,  archbishop  of  Glasgow, 

374. 
Dunbar,  George  Home,  Earl  of,  226. 
Dunbar,  James,  of  Tarbet,  83. 
Dunbar,  Joneta  de,  Domina  de  Fren- 

draught,  323. 
Dunbar,  Patrick,  of  Kilboyak,  135. 
Dunbar,  Patrick,  of  Dyk,  135. 
Dunbar,  328 
Dunblain,  5,  6,  316. 
Duncan  II.,  362,  363. 
Dundemor,  Dominus  Henricus  de,  miles, 

312. 
Dundee,  John,  Viscount  (Claverhouse), 

293. 
Dundee,  199,  215,  328. 
Dunecanus,  Comes,  359. 
Dunecanus,    Comes,    justiciarius,    303, 

304,  305,  318. 
Dunfermline,   Alexander,  first   Earl   of. 

152,  153,  393,  394,  396. 
Dunfermline,  A.,  Abbas  de,  304. 
Dunkeld,  James  Paton,   bishop  of,   37, 

40. 
Dunlop,  William,  principal  of  the  Col- 
lege of  Glasgow,  167. 
Dunnachtane,  Laird  of,  77. 
Dunnotter,  52,  53,  111,  112. 
Durie,  Laird  of,  115. 
Durres,  ecclesia  de,  403. 

ECCLESDOTTENACIN,    306. 

Ederpoles,  304. 

Edgar,  King,  362,  363. 

Edinburgh,  9.  15,  16,  17,  19,  21,  23, 
25,  35,  37,  38,  39,  65,  66,  73,  80,  84, 
100,  107,  108,  109,  113,  114,  115, 
116,  197,  198,  207,  212,  213,  214, 
215,  217,  233,  235,  243,  253,  278. 


414 


Edinburgh,  Castle  of,  35,  40. 

Edward  I.,  356,  364,  366. 

Edvvardus,  Constabularius,  248. 

Egaill  (Edyell),  53. 

Eglinton,  Alexander,  sixth  Earl  of, 
115. 

Eglisbanyn,  308. 

Eister  Elches,  Laird  of,   125. 

Eistertoun,  122,  123. 

Elches,  Laird  of,   125. 

Elgin,  77,  83,  120,  121,  122,  125,  130, 
131,   132,   134,   141,   144,   404. 

Elphinstone,  William,  bishop  of  Aber- 
deen, 366. 

Enermarky,  Laird  of,  52 

Erchit,  Place  of,  11. 

Erdoch,  Bridge  of,  5. 

Ernissyd,  Laird  of,   135. 

Erroll,  Alexander,  Master  of,  335,  341. 

Erroll,  William,  fir^  Earl  of,  211,  212, 
348. 

Erroll,  Nicholas,  second  Earl  of,  251, 
348. 

Erroll,  William,  third  Earl  of,  252,  253, 
254,  255,  256,  257,  258,   259,   260, 

261,  348. 

Erroll,    William,   fourth   Earl  of,   213, 

262,  263,  264,  265,  323,  324,    326, 
348. 

Erroll,  William,  fifth  Earl  of,  214,  215, 

218,  266,  267,  268,  269,  324,  326. 
Erroll,  William,  sixth  Earl  of,  214,  348. 
Erroll,    George,   seventh    Earl  of,  270, 

271,  272,  27.3,  274,  275,  276,    328, 

349. 
Erroll,  Andrew,  eighth  Earl  of,  57,  215, 

216,  276,  277,  330,  336,   339,    340, 

342,  343,  344,  349. 
Erroll,  Francis,  ninth  Earl  of,   151,  217, 

220,  221,  222,  223,  225,   278,    279, 

280,  281,  282,  283,  286,   287,    288, 

289,  291,  298,  345. 
Erroll,  William,  tenth  Earl  of,  230,  231, 

232,  346. 
Erroll,   Gilbert,  eleventh  Earl  of,  234, 

237,  238,  240,  241,  243. 
Erroll,  John,  twelfth  Earl  of,  292,  293, 

294,  296,  298,  299,  300. 


Erroll,  Charles,  thirteenth  Earl  of,  245 

300,  302. 
Erroll,    Agnes    Sinclair,     Countess    of, 

336,  342,  343. 
Erroll,   Lady  Anne  Drummond,   Coun- 
tess of,  293,  294,  295,  299,  300. 
Erroll,  Beatrice  Douglas,   Countess  of, 

324,  325,  326,  .327. 
Erroll,  Elisabeth  Gordon,  Countess   of, 

348. 
Erroll,    Mary,   Countess    of,    245,  246, 

247,  299,  300. 
Erroll,  303,  304,  305,  306,  313. 
Erskine,     Sir     Alexander,    Lord    Lyon 

King  of  Arms,  245. 
Erskine,  John,  fourth  Lord,  200,  201. 
Erskine,    John,    of    Balhagai'die,    205, 

206,  207. 
Erskine,  Sir  Thomas,  Secretary  to  King 

James  V.,   177,   179,   180,   186,   188, 

190,   192,    193,   195,  196,  197,  198, 

200,   204,    205. 
Ethua,  sponsa  Willielmi  de  Haya,  307. 
Eugenius  IV.,  360,  363. 
Eugenius,  Mariscallus,  249. 

Faderocht    (Federat),    Laird    of,    65, 

256,  262. 
Fairfield,  14,  15,  16,  17,  18,  20,  21,  23, 

24,  25. 
Falkland,  .321. 
Faralane,  10,  11,  20,  24. 
Farlastone,    Alaster,    of    Inchemaci'an- 

nich,  283. 
Farlastone,  John,  younger,  of  Monesse, 

283. 
Farquharson,  William,  of  Kelles,  125,135. 
Fentoun,  Dominus  Johannes  de,  miles, 

309,  310,  311. 
Fentoun,   Willelmus  de,  miles,  311. 
Fergus  L,  358. 
Fergus  IL,  358,  359,  360. 
Ferguson,  W.,  of  Pitfoore,  20. 
Fern,  105. 
Fernauay,  404. 
Fernihirst,  Laird  of,  58. 
Ferriers,  Willelmus,  filius  Comitisse  de, 

248. 


INDEX. 


415 


Fetteresso,  52. 

Fetterneir,  34,  37- 

Fife,   Andrew,   warden    of    the    Friars 

Minors  of  Roxburgh,  327. 
Fife,  Duncan,  Earl  of,  362. 
Fife,  159. 

Flandrensis,  Willelmus,  305. 
Fletcher,  Andrew,  of  Saltoun,  302. 
Flemyn  (Fleming),  John,  fifth  Lord,  37. 
Fletcher,   Sir  Andrew,    senator  of    the 

College  of  Justice,  222,  225,  227,  228. 
Fodringayme  Castell,  58. 
Forbes,    Dominus    Alexander    de,    de 

eodem,  322. 
Forbes,  John,  sixth  Lord,  83. 
Forbes,  William,  seventh  Lord,  38. 
Forbes,  The  Master  of,  31. 
Forbes,  John,  Master  of,  38. 
Forbes,  Arthur,  brother  to  Lord  Forbes, 

38. 
Forbes,  Sir  Arthur,  of  Craigievar,  8. 
Forbes,  Duncan,  of  Monymusk,   bailie 

of  Aberdeen,  56,  57. 
Forbes,  William,  of  Monymusk,  94. 
Forbes,  William,  of  Portlethin,  52. 
Forbes,  Malcolm,  of  ToUoquhone,  258, 

259. 
Forbes,  WMUiam,  of  Towquhone,  68. 
Forbes,  Patrick,  of    Corse,   bishop  of 

Aberdeen,  150,   153,   154,  157,   159, 

162. 
Forbes,  John,  minister  at  Alford,  153. 
Forbes,  Sir  Samuel,  of  Foveran,  300,  SOL 
Forbes,    Elizabeth,  lady  To%ve,  spouse 

to  Thomas  Menzies  of  Pitfoddels,  pro- 
vost of  Aberdeen,  56. 
Forbes,  Jonet,  lady  Bawack,  64. 
Fordun,  Johannes  de,  360. 
Fordovy,  323. 
Forres,  77,  83,  131. 
Forfar,  304,306,  318. 
Forscley,  Galphridus  de,  312. 
Fossewy,  313. 

Foulis,  Robert,  of  Glasgow,  367,  368. 
Foulis,  Andrew,  of  Glasgow,  367,  368. 
Foyers,  3,  20. 
Franciscus    L,    Francorum    Rex,    180, 

181,  192,  193. 


Francis  IL,  King  of  France,  328. 
Eraser,  Alexander,  of  Durris,  254. 
Eraser,  Alexander,  of  Fillortht,  257,258. 
Eraser,  Alexander,  of  Leodclune,  10. 
Eraser,   James   of.   Castle   Ladders,   or 

Castleelders,  3,  7,  12. 
Eraser,    John,    chamberlain    to     Lord 

Lovat,  5. 
Fraser,  Sir  Peter,  of  Durris,   10. 
Ei-aser,  William,  son  of  Fraser  of  Bel- 

nain,  11,  20. 
Fraser,  William,  of  Foyer,  135. 
Fraser,  Willelmus  de  Eillorth,  321. 
Fraser,  Dominus  Willelmus,  Episcopus 

Sancti  Andree,  312. 
Eraserdale,  16. 
Freuchy,  Laird  of,  83,  94. 
Eulsurd,  John,  one  of  the  White  Friars 

of  Aberdeen,  43. 
Futtie  (Footdee),  "43,  65. 
Fydill  (Field),  Kirk  of,  35. 
Eyfe,  Thomas,  bailie  of  Aberdeen,  31. 
Eyndowrie,  Laird  of,  115. 

Galprid,  bishop  of  Dunkeld,  366. 

Galfridus,  filius  Ricardi,  306. 

Galuflatis,  310,  311. 

Gallovidie,   Alanus,  Comes,  248. 

Gallovidie,  Roulandus,    Comes,  248. 

Garda,  Ricardus,  319- 

Garioch,  Alexander,  reader  at  Monega- 

bow,  50. 
Garioch,  Chapel  of  The,  207,  208. 
Gaskingrai,  313. 
George  I.,  245. 
George  IL,  245,  246,  247. 
Gibson,  Alexander,  of  Durie,  115. 
Gibson,   William,  of  Shirefmylne,  126, 

135. 
Gicht,  Laird  of,  151,  155. 
Geiddy,  John,  gray  friar,  Aberdeen,  42. 
Giffard,  Willelmus,  304. 
Gilebertus,  Comes,  303. 
Gilbertus,  episcopus  Aberdonensis,  can- 

cellarius  Scotie,  321. 
Givan,  Thomas,  miles,  307- 
Gladstanes,  Dr.  George,  archbishop  of 

St.  Andrews,  156,  157- 


3    G 


416 


Glaramis,  John,  ei<?htli  Lord,  44. 

Glasgow,  99,  100,  "200,  215. 

Glasgow,  University  of,  367,  372. 

Glenbervie,  66. 

Glenbucket,  18. 

Glengerry,   1 8. 

Glenkindy,  Laird  of,  42,  55. 

Glenurchv,  Lady,  6. 

Glesbanyli  319. 

Gordon,  Adam,  Sir,  of  Auehindoun,  38, 

41,53. 
Gordon,  George,  first  Duke  of,  293. 
Gordon,  George,  of  Scheves,  274. 
Gordon,   George,    bailie   of  Aberdeen, 

59,  65. 
Gordon,  George,  of  Kyndroich,  55. 
Gordon,  James,  of  Creyen,  39- 
Gordon,  James,  parson  of  Banchory  St. 

Devenick,  166,  167,  168,  169. 
Gordon,  James,  of  Methlic,  274 
Gordon,  James,  chancellor  of  Murray, 

366. 
Gordon,    John,    third    son   of   George, 

fourth  Earl  of  Huntly,  274. 
Gordon,  John,  of  Bukkie,  38,  279- 
Gordon,    John,  of    Curredowne,     139, 

141,  142. 
Gordon,  Sir  John,  of  Petlurge,  135. 
Gordon,  William,  bishop  of  Aberdeen, 

45.  46,  54,  274. 
Gordon,  Dr.  William,  professor  of  medi- 
cine in  King's  College,  Aberdeen,  73. 
Gordon,  William,  of  Geycht,  59. 
Gordon,  William,  of  Letterfourie,  39. 
Gordon,  Lady  Ann,  Lady  Druniraond, 

398. 
Gordon,  Elspet,  Lady  Schewes,  58. 
Gordon,  Marjorj',  daughter  of  William 

Gordon,  bishop  of  Aberdeen,  54. 
Gordon  Castle,  99. 
Gortuleg,  Thomas  Fraser  of,  1 5,  1 6,  17, 

21,27. 
Graham,  Henricus  de,  305. 
Graham,  Patricius  de,  miles,  314. 
Grame,   Alexander  de,  filius  domini  de 

Grame,  321. 
Grange,  James,  Lord,  4,  13. 
Grant,  Archibald,  of  Bellintone,  94. 


Grant,  Sir  Archibald  of  Monvmusk,  96, 

97,  98,  99. 
Grant,  James,  of  Eister  Elches,   135. 
Grant,  James,  of  Vaster  Elches,  135. 
Grant,  James,  of  Eister  Elches,  125. 
Grant,  John,  of  Freuchy,  83,  94. 
Grant,  Lauchlane,  of  Elches,  125. 
Grant,  Patrick,  of  Rothemurcus,  94. 
Grant,  Laird  of,  14,   15,  16,  17,  22,  25, 

89. 
Grant,  Castle,  14. 
GrantuUy,  Laird  of,  94. 
Gray,  Gilbert,   bailie  of  Aberdeen,  36. 

46,51,  54. 
Gregory  X.,  Pope,  365. 
Grohin,  Johannes,  103. 
Guest,  General,  5. 
Guild,  Mathew,  54. 
Guise,  Duke  of,  33,  37. 
Gurlay,  Dominus  Willelmus,  miles,  3 1 3. 

Haddington,  Thomas,  Lord  Binning, 
and  first  earl  of,  157,  158,  159,  162, 
226. 

Haddo,  Lord,  25. 

Haia,  David  de,  filius  Willelmi  de  Haia, 
305,  306,  307. 

Haia,  Dominus  Dauid  de  Errol,  347. 

Haia,  Dominus  Gilbertus  de,  de  Dron- 
law,  322. 

Haia,  Dominus  Gilbertus  de,  miles,  307, 
308,  309. 

Haia,  Dominus  Gilbertus  de,  dominus 
de  Erroll,  miles,ConstabulariusScocie, 
21 1,  227,  231,  249,  316,317,319,347. 

Haia,  Gilbertus  de,  312. 

Haia,  Hugo  de,  312. 

Haia,  Dominus  Johannes  de,  miles,  312. 

Haia,  Malcolmus  de,  filius  Willelmi  de 
Haia,  307. 

Haia,  Dominus  Nicholaus  de,  miles,  do- 
minus de  Erroll,  310,  311,  312,313, 
314,  315,  316,317,  347- 

Haia,  Randulfus  de,  307. 

Haia,  Robertus  de,  filius  Willielmi  de 
Haia,  307. 

Haia,  Robertus  de,  310. 

Haia,  Dominus  Thomas  de,  miles,  318. 


INDEX. 


417 


Haia,  Dominus  Robertus  de,  miles,  312, 

315. 
Haia,  Dominus  Thomas  de,  Constabula- 

rius  Scocie,  320,  347. 
Haia,  Willelmus  de,  miles,  Coiistabula- 

rius   Scocie,  et  Dominus  de   Errole, 

321,  322,  347. 
Haia,  Willelmus  de,  filius  Willelmi  de 

Haia  railitis,  Constabularii  Scocie,  et 

domini  de  Errole,  322. 
Haia,  Dominus  Willelmus  de,  de  Loch- 

weru,  miles,  313. 
Haia,  Dominus  Willelmus  de,  miles,  309, 

310. 
Haia,  Willelmus  de,  303,  304,  305,  306, 

307. 
Hav,     Sir    Alexander,    clerk    register, 

143,  339,  340. 
Hay,  Alexander,  master  of  Erroll,  3.35, 

336,  341. 
Hay,  Alexander,  of  Ardendracht,  266. 
Hay,  Alexander  of  Delgaty,  274. 
Hay,    Alexander,    brother   of    Andrew- 
earl  of  Erroll,  330,  331. 
Hay,   Andrew,  of  Gowrdie,   281,   282, 

283. 
Hay,  Edmund,  of  Meginch,  264. 
Hay,  Edmundus,  de  Meginche,  213. 
Hav,  George,   brother  of  Andrew  earl 

of  Erroll,  330,  331. 
Hay,  George,  parson  of  Turreff,  284. 
Hay,  George,  parson  of  Rocthuen,  274. 
Hay,  George,  of  Newraw,  277. 
Ha\,   Sir  Gilbert  of  Ardendracht,  262, 

263,  264,  265. 
Hav,  Gilbert,  of  Ury,  254. 
Hay,  Gilbert,  of  Percok,  343. 
Hay,  James,  bishop  of  Ross,  186. 
Hay,  James,  son  of    William   Hay  of 

Gourdie,  280. 
Hay,  John,  of  Mochcallis,  276. 
Hay,  John,  parson  of  Turreff,  265. 
Hay,  John,   prebendar  of  Cruden,  254, 

255. 
Hay,  John,  in  Many,  272,  273. 
Hay,  J.,  293,  295. 
Hay,    Lawrence,    brother   of    Andrew 

earl  of  Erroll,  330,  331. 


Hay,  Patricius  de  Leyis,  213. 
Hay,  Peter,  of  Megnich,  337,  338. 
Hay,  Peter,  of  Megnetcht,  274,  275. 
Hay,  Thomas,  son  of  Andrew  earl  of 

Erroll,  336. 
Hay,  Thomas,  of  Logy,  264. 
Hay,   Thomas,  son  of  William  Hay  of 

Ardendracht,  260. 
Hay,  William,  of  Ury,  257. 
Hay,  William,  of  Ardendracht,  259.  260, 

261. 
Hay,  William,  parson  of  Turreff,  331. 
Hay,  William,  of  Crimmonmogate,  286. 
Hay,  William,  294,  295. 
Hay,  Dr.  William,  bishop  of  Moray,  297. 
Hay,  William,  of  Achery,  273. 
Hay,    William,    brother  of    Alexander 

Hay  of  Dalgaty,  270. 
Hay,  Helen,  daughter  of  Andrew  earl 

of  Erroll,  341. 
Hay,  Margaret,    daughter  of    George. 

sixth  Earl  of  Erroll,  274. 
Halgrein,  Laird  of,  115. 
Halhill,  77,  80. 

Haliburton,  James,  of  Pitcur,  282. 
Hallyburton,  Sir  James,  38. 
Hamilton,    James,    of    Bodwallhaucht, 

36. 
Hamilton,  James,    first  duke   of,    222, 

224. 
Hamilton,  William,  third  duke  of,   300. 
Hamilton,    James,    fifth  Duke  of,    12, 

13,  21,  25. 
Hamilton,  John,  archbishop  of  St.  An- 
drews, 36,  37. 
Hamylton,  abbott  of  Arbrocht,  37. 
Hamylton,  abbot  of  Kynwyning,  37. 
Hamylton,  Glowyd  (Claud),  37. 
Harry  the  Minstrel,  364. 
Hawyk,  Andreas  de.  Rector  de  Listoun, 

321. 
Henricus,   Comes    Northumbrise,    filius 

Davidis  L,  358,  359,  362. 
Henry  HL,  King  of  France,  37. 
Henry,  IV.,  King  of  France,  395. 
Henry  VHL,  186. 
Hepburn,    John,    bishop    of    Brechin, 

201. 


418 


INDEX. 


Herbert,  bishop  of  Glasgow,  365 
Herbertus,  Camerarius,  359. 
Herbertus  Mariscallus,  249,  304,  305. 
Hering,  Andrew,  of  Little  Blair,  280, 

281. 
Hering,  Andrew,  of  Glaselune,  263. 
Hering,  David,  fiar  of  Glaselune,   280, 

281,  282. 
Heriott,  Adam,    minister  at   Aberdeen, 

35,  36,  37,  38,  41. 
Hill,  Hedownis,  65. 
Holyroodliouse,    Abbey    of,    65,    110, 

112,  113,   115,   206,  207,  216,  219, 

220,  227,  228,  232,  346. 
Home,  Alexander,  first  Earl  of,  393. 
Hope,   Sir    Thomas,    King's    advocate, 

115,  222,  224,  227,  346. 
Hostiarius,   Alanus,  Justiciarius  Scocie, 

308. 
Hostiarius,  Dominus  Halanus,  miles,  309. 
Howe,   Robert,    minister  at  Aberdeen, 

67,  68. 
Howeson,    Alexander,  bailie    of  Aber- 
deen, 55,  58. 
Howeson,   Martin,  bailie  of  Aberdeen, 

51,  52,57. 
Hugo,  Cancellarius,  304,  305. 
Hugo,  S.  Andree   Episcopus,  303,  318. 
Hugo,  Abbas  de  Scona,  313. 
Hume,  Alexander,  fifth  Lord,  37,  38, 

40. 
Huntly,  George,  second  earl  of,   252, 

255. 
Huntly,  Alexander,  third  earl  of,  107. 
Huntly,  George,  fourth   earl  of,    274, 

275. 
Huntly,  George,  fifth  Earl  of,  37,  38, 

44. 
Huntly,  George,   first  marquis   of,  59, 

66,  95,  123,  127,  135,  149,  151,  158, 

206,  222,  224,  251,  278,  279. 
Hynches,  Johannes  de,  310. 

Ilat,  Archibald,  Earl  of,  3,  6,  8,  12, 15, 

16,  17. 
Inchbrok,  Laird  of,  125. 
Inchemartin,    Dominus    Alexander    de, 

miles,  309. 


Inchemartin,  Johannes  de,  315. 
Inchesyrech,  Dauid  de,  314. 
Inchesirych,  Johannes  de,  308,  311,  313, 

314. 
Inglis,  Richard,   warden  of   the  Friars 

Minors  at  Lanark,  327. 
Innerawin  (Inveraven),  127,  366. 
Innerlochte,  Little,  122,  123. 
Innerpeffir,  319,  320. 
Innerugie,  288. 

Innes,  Alexander,  of  Ardgraine,  276. 
Innes,  Alexander  de  Cottes,  144. 
Innes,  Alexander,  laird   of  Crome,  52, 

141. 
Innes,  Charles,  of  Drumgask,  376 
Innes,    Henry,   procurator  of  the  Scots 

College  at  Paris,  379,  380. 
Innes,    Lewis,    principal  of   the    Scots 

College  at  Paris,  368,  375,  376,  377, 

378,  379. 
Innes,  James,  of  Drumgask,  375,  376. 
Innes,  John,  of  Leuchowris,  119,  120, 

121,   122,   124,   126,  127,   129,   131, 

132,   134,   135,   136,    140,    142,   144. 
Innes,  Robert,  of  that  Ilk,  115,  135. 
Innes,   Thomas,   principal  of  the  Scots 

College  at  Paris,  351,  353,  357,  .358, 

364,  379. 
Innocent  VIII.,  Pope,  104. 
Inverness,  4,  5,  8,   10,   11,   13,   16,  17, 

18,  20,  22,  23,  77,  83,  212. 
Inverury,  99. 
Ireland,  Andrew,  vicar  of  Turreff,  259- 

265. 
Irvin,  Alexander,  of  Drum,  253. 
Irwyn,  Dominus  Alexander  de,  de  Drum, 

322. 
Irvine,   Alexander,  younger  of  Drum, 

289,  291. 
Irvin,  Alexander  of  Lunmey,  253,  254, 

255,  258. 
Irvin,  Alexander,  of  Belte,  254. 
Iruyng,  Richard,  bailie  of  Aberdeen,  66. 

Jaffray,    Alexander,    of    Kingswells, 

99. 
James  I.,  181,  383. 
James  II.,  212  226,  323. 


419 


James  III.,  354. 

James  IV.,  365,  366,  373. 

James  V.,  32,  33,  35,  77,  83,  107,  108, 
178,  179,  180,  181,  186,  188,  189, 
190,  192,  193,  194,   195,  196,  197, 

214,  215. 

James  VI.,  35,  63,  65,  94,  106,  112, 
113,  114,  149,  150,  151,  152,  153, 
155,   156,  157,  158,  159,  205,  206, 

215,  217,  219,  220,  339,  345,  346, 
355,  370,  394,  396. 

James  VII.  370. 

James  (Chevalier  de  St.  George,  son  of 

James  VII.),  353,  376,  377,  378,  379- 
Jedwurde,  305. 
Jocelinus,  Glasguensis  Episcopus,  304, 

305. 
Johannes,  prior  de  Lundores,  310. 
Johannes,  prior  S.  Andree,  317. 
Johannes,  abbas  de  Cupre,  317. 
Johannes,  Balliol,   Rex  Scottoruni,  249, 

250,  313,  363. 
Johnston,  Saint,  53. 
Julianus,  Episcopus  Ostiensis,  104. 

Kamercn,  Ada  de,  307. 

Keith.     See  Marischal. 

Keyth,  Alexander,  of  Owchorsk,  56. 

Keith,  Andrew,  of  Coklaw,  255. 

Keith,  Herveus  de,  Mariscallus,  250. 

Keith,  Johannes  de,  filius  Hervei,  Ma- 
riscallus, 250. 

Keith,  John,  of  Ludquharne,  254,  255. 

Keth,  Dominus  Johannes  de,  miles,  320. 

Keth,  Dominus  Robertas  de,  miles,  319. 

Keith,  Dominus  Robertus  de,  miles, 
Mariscallus  Scocie,  211. 

Keith,  Dominus  Willelmus  de,  miles, 
Mariscallus  Scocie,  320. 

Keith,  Dominus  Willelmus  de,  Maris- 
callus Scocie,  322. 

Keyth,  William,  Master  of  Marchell,  53. 

Keith,  Willelmus,  de  Ythan,  255. 

Keyth,  John,  of  Claikriak,  59- 

Keith,  150. 

Kelles,  Laird  of,   122,  125. 

Kelso,  105. 

Kemnay,  99. 


Kennedy,  William,  constable  of  Aber- 
deen, 256. 

Kennetluis  III.,  347,  361,  362. 

Kep  (in  Moravia),  404. 

Kerneil,  Rogerus  de  la,  305. 

Kid,  James,  (Jacobus  Cadanus),  395. 

Kilrawok,  Laird  of,  77. 

Kilspokis,  Laird  of,  94. 

Kincardin,  Baron  of,  128. 

Kincardine,  83. 

Kinedvard,  Kirkton  of,  123. 

Kinedvard,  120,  123,  124,  125,  132,  136, 

Kinghorn,  John,  second  Earl  of,  236. 
237. 

Kingswells,  Laird  of,  98. 

Kinnoul,  Sir  George  Hay,  of  Kinfauns, 
first  Earl  of,  222,  224,  227,  228,  233, 
346,  393. 

Kinspinedy,  Malcolmus  de  (filius  Ra- 
dulphi  de  Kinspinedy),  312. 

Kinspinedy,  Radulphus  de,  312. 

Kinstarv,  Laird  of,  77. 

Kintailf,  Laird  of,  83. 

Kintessoch  major,  404. 

Kinloss,  125. 

Kinnard,  Walter,  of  Cubin,  120. 

Kintore,  99,  172. 

Kirkland  of  Duffus,  Laird  of,  122,  123. 

Kirkwall,  172. 

Knokandoche,  128. 

Kuollis,  Prater  Willelmus,  miles,  (pre- 
ceptor de  Torphichen),   105. 

Kowdingaym(Coldingham),  Prior  of,  40. 

Knowis,  George,  bailie  of  Aberdeen, 
45,51,52,  66. 

Kylblein,  Laird  of,  59. 

Kyng,  William,  of  Baracht,  65. 

Kyninmuud,  Magister  Alexander,  archi- 
diaconus  Laudonie,  318. 

Kynnard,  Patrick,  of  That  Ilk,  282. 

Kynnard,  William,  of  That  Ilk,  274,  275. 

Kynwyning,  Abbey  of,  37. 

Kyrcaldy,  James,  40, 

Kyrcaldy,  William,  Laird  of  Grange,  40. 

Lamb,  Andrew,  bishop  of  Brechin,  137. 
Lamb,   Thomas,    minister    at   Kirkurd, 
235,  236,  237,  238,  239. 


3   H 


420 


Lambertouii,    Dominus    Alexander    de, 
miles,  vicecomes  de  Forfar,  311,  312. 
Landeles,  Kobertus  de,  303,  305. 
Lascellis,      Dominus      Radulphus     de, 

miles,  312,  315. 
Laske  (Leask),  Chapel  of,  261. 
Laysk,  William  of,  258. 
Lesk,   William,   exhorter  at  Aberdeen, 

57. 
Lesk,   William,    burgess  of  Aberdeen, 

266,  267. 
Laureneius,  Dominus,    Rector  ecclesie 

de  S.  Madoco,  310. 
Lastarik,  Laird  of,  40. 
Lauder,  196. 

Lausoun,  Master  Richard,  278. 
Law,  James,  bishop  of  Oi'kney,   after- 
wards archbishop   of  Glasgow,    156, 

161. 
Lawedir,   Dominus  Robertas  de,  miles, 

319. 
Lecachy,  Laureneius  de,  311. 
Leith,  6,  9,  17,  37,  38,  65,  219,  236. 
Lennox,  Mathew,  fourth  Earl  of,  36,  37, 

38,  200. 
Lennox,  Ludovick,  second  Duke  of,  9-1, 

122,  126. 
Lentran,  Barony  of,  11. 
Leodclune,  10. 

Lesle,  John,  of  Dandaleyth,  125. 
Leslie,  John,  of  Balquhane,  288,  289. 
Leslie,  Robert  of  Finrase,  135. 
Leslie,   William,     brother   of    Geoi-ge, 

Earl  of  Rothes,  259,  260. 
Leslie,  William,  of  Wardes,  205. 
Lesly,    Alexander,    Laird    of    Wardes, 

40. 
Lesly,  John,   appearand  of  Balquhain, 

58. 
Lesly,  Isbell,  lady  Pitmaden,  64. 
Lesly,   Isbell,   daughter  to  John  Lesly 

of  Balquhain,  42. 
Lesly,  John,  of  Balquhain,  42,  279- 
Lesly,  Patrick,  bailie  of  Aberdeen,  51. 
Lesley,   Andrew,   parson  of  Fetterneir, 

and  sheriff-clerk  of  Aberdeen,  37. 
Lesley,  David  de,  de  eodera,  322. 
Letterfowrie,  39- 


Leuchouris,  Laird  of,  119,  120,  121, 
122,  124,  126,  127,  129,  131,  132, 
134,    135,    136,   140,   142,   144. 

Lewis  XIII.  of  France,  96. 

Lindsay,  Sir  David,  of  the  Mount,  lyon 
king-of-arms,  215. 

Lindsay,  David,  of  Edzell,  195. 

Lindsay,  Dr.  David,  bishop  of  Brechin, 
afterwards  of  Edinburgh,  161. 

Lindsay,  John,  fifth  Lord,  189. 

Lindsay,  Patrick,  sixth  Lord,  37,  38. 

Lindsay,  Lady  Elizabeth,  wife  of  Pa- 
trick, third  Lord  Drummond,  393. 

Lindesei,  Walterus  de,  miles,  314. 

Lindores,  314. 

Linlithgow,  6,  36,  106,  215,  323. 

Linlithgow,  Alexander,  second  Earl  of, 
222,^224,  227. 

Livingston,  Sir  William,  of  Kilsyth,  162. 

Lloyd,  Dr.  William,  bishop  of  Worces- 
ter, 357. 

Lochmurrie,  20. 

Lochness,  89. 

Lockhart,  Mr.,  of  Carnwath,  99- 

Lockhart,  Sir  George,  of  Carnwath, 
297. 

Lockhart,  Sir  John,  of  Castlehill,  297. 

Logy  Buchan,  56. 

Loirston,  Loch  of,  52. 

London,  5,  14,  17. 

Lornvn,  Balduinus  de,  307. 

Lossy e,  Water  of,  123,  132. 

Lothian,  159. 

Lothian,  Robert,  second  Earl  of,  162. 

Louchoris,  Hugo  de,  vicecomes  de  Fiffe, 
312. 

Loudon,  John,  first  Earl  of,  115. 

Lovat,  Hew,  fourth  Lord,  83. 

Lovat,  Symon,  seventh  Lord,  93,  94, 
135. 

Lovat,  Simon,  twelfth  Lord,  3,  4,  6,  7, 
9,  10,  17,  19,  23,  24,  25,  26,  27. 

Ludovicus,  Delphinus  Viennensis  (Lu- 
dovicus  XL),  183. 

Lulach,  362. 

Lumsden,  Margaret,  lady  of  Lesly,  42. 

Lumsden,  Robert,  of  Cloway,  bailie  of 
Aberdeen,  39,  42,  52. 


421 


Lunan,    Alexander,    parson  of   Daviot, 

166,  167. 
Luss,  Laird  of,  89- 

L3-el,  John,    warden  of  the  Friars  Mi- 
nors at  Inverkeithing,  327. 
Lvndessav,  James,  vicar-general  of  the 
"Friars  Minors,  324,  .325,  326,  327. 

Mabillon,  Jean,  367,  371. 

Macbeth,  361. 

Macintosh,  Lauchlane,  of  Dunnachtane, 

75,  77,  83. 
Macintoshe,  Donald  Glasche,  77. 
Mackintoche,  Alexander,  Thane  of  Ro- 

thimurcus,  252. 
M'Intosche,  Laird  of,  135. 
Mackenzie,  Sir  George,  371. 
Macpherson,  Evan,  of  Cluny,  85,  87. 
M'Donald,  Sir  Alexander,  18. 
M'Gillecallum,  Doule  More,  77. 
M'Gilleis,  Duncan,  of  Auchmony,  135. 
M'Kainze,  John,  of  Kintaill,  83. 
M'Kv,  John,  of  Strathnaver,  83. 
M'Leod,  Laird  of,   11,   13,    U,    15,   18, 

21,  22,  24,  25. 
Magdalen,  Queen   of   King   James   V., 

32,  180,  181. 
Maitland,  William,  of  Ledinton,  37,  40. 
Major,  John,  373. 
Malcolm  II.,  361. 
Malcolm  III.,  .362. 
Malcolmus  IV.,  248,  249,  362,  363. 
Malcolmus,  Comes,  303. 
Malcolmus  Senescallus,  310. 
Malothen  le  Mareschald,  359. 
Malisius,  Mariseallus,  249. 
Marchmont,  Hugh,  fourth  Earl  of,  12. 
Margaret,  Queen  of  James  IV.,  178. 
Margaret,  the  Maid  of  Norway,  363. 
Margaret,  St.,  Queen  of  Malcolm  III., 

363. 
Margareta,  Regina  Ludovici  XL,  183. 
Marischal,    George,     Master    of,     110, 

111. 
Marischal,  William,    fourth   Earl,    111, 

112,274. 
Marischall,  George,  fifth  Earl,  63,  220, 

221,  286,  288,  289,  290,  292. 


Marischal,    William,   sixth    Earl,     228, 

232. 
Marischal,  William,  seventh  Earl,  234. 
Marischal,  George,  tenth  Earl,  245. 
Mar,  John,  sixth  Earl  of,  38,  39,  IH. 
Mar,  John,  eighth  Earl  of,  222. 
Mar,   DoCienaldus,   Comes  de,  312. 
Mar,    Dominus  Willelmus    Comes    de, 

308,  309. 
Mar,  David,  bailie  of  Aberdeen,  44,  59. 
Maria  D'Este,    Queen  of  King  James 

VII.,  376. 
Mary,  Queen   of  King  James   V.,   33. 

195. 
Mary,  Queen  of  Scots,  33,  35,  58,  199. 

201,  204,  328.  356,  369. 
Maryculter,  Bridge  of,  45. 
Mauricius,  Dominus,   Rector  de  Errol, 

315. 
Maxtoun,    David,    burgess     of    Perth, 

284. 
Maxwell,  Robert,  fourth  Lord,  180. 
Maxwell,  John,  sixth  Lord,  37. 
Michael,  clericus,  318. 
Middleton,  122,  125. 
Midleton,  collonel,  99- 
Mearns,  163,  167. 
Mefth,  404. 

Meigners,  Alexander  de,  miles,  211. 
Meldrum,    Sir  George,    of  Fivv,  272. 

273,  274. 
Meldrum,  Laird  of,  31. 
Meldrum,  Laird  of,  65. 
Meldrum,  Patrick,  of  Achquhorty,  64. 
Meldrum,  William,  of  Kylblein,  59. 
Meluile,  Andrew,  Master  of  Household 

to  James  VI.,  115. 
Menteith,  195. 

Menteith,  William,  seventh  Earl  of,  224. 
Menteith,  W.  Cumyn,  Comes  de,  308. 
Menzies,  Besse,  lady  Mair,  64. 
Menzeis,  Edward,  chaplain  in  the  parish 

kirk  of  Aberdeen,  47. 
Menzies,   David,  elder,  bailie  of  Aber- 
deen, 66. 
Menzies,   Gilbert,  younger,  provost    of 

Aberdeen,  44,  46,  50,  51,  52,  54,  56, 

58,  59. 


422 


Menzies,  Isabell,  lady  of  Durn,  42. 
Menzeis,   Robert,    bailie  of   Aberdeen, 

44,  46,  51,52,54. 
Menzeis,  Thomas,  of  Petquhedleis,  275. 
Menzeis,   Thomas,   of  Dourne,   provost 

of  Aberdeen,  59,  63,  64,  66,  67. 
Menzeis,    Thomas,  younger,    bailie    of 

Aberdeen,  63,  64,  66. 
Menzies,  Gilbert,  provost  of  Aberdeen, 

32,  33. 
Menzies,  John,  bailie  of  Aberdeen,  31. 
Methlick,  55. 
Meyners,     Robertns     de,     Camerarius 

Scocie,  308. 
Monciir,  Andrew,  of  that  Ilk,  268,  269- 
Moncur,  Marioria  de,  Domina  de  Ros- 

sy,  316. 
Moncur,  Micchael  de,  316. 
Monegabow  (Monycabock),  50. 
Mone,  80. 
Montrose,  41,  47- 

Montrose,  James,  first  Duke  of,  12,  13. 
Montrose,  John,  fourth   Earl   of,    158, 

226. 
Montgomery,  Sir  James,  of  Skelmorly, 

370. 
Montefixo,  Dominus  Walterus  de,  310. 
Monte  Fixo,  Willelmus  de,  315. 
Monyechy,  310,  311. 
Monymusk,  91,  93,  96,  99- 
Monymusk,  Laird  of,  56,  57,  94,  96, 

97,  98. 
Moravia,  Dominus  Malcolmus  de,  miles, 

309. 
Moravia,  Joannes  de,  306. 
Moravia,  Dominus  Johannes  de,  miles, 

312. 
Moravie,     Thomas     Ranulphi,     miles, 

comes,  211. 
Moray,  163,  166. 

Moreson,  Robert,  bailie  of  Aberdeen,  5 1 . 
Morevilla,  Hugo  de,  Constabularius,  248. 
Morvill,   Ricardus   de,    Constabularius, 

248,  303. 
Morvill,  Willelmus  de,  30*1. 
Morevil,  Willelmus  de,  Constabularius, 

248,  305. 


Morton,  James,  fourth   Earl  of,  37,  40. 

41,  45,  110. 
Morton,  William,  seventh   Earl  of,  115. 

224. 
Mostowye,  120. 
Mowat,    Patrick,    of   Boquholle,    272, 

273. 
Mowat,  Patrik,  of  Boquholle,  345. 
Mubray,  Philippus  de,  306. 
Muirtown,  20,  25. 
Muirtown,   124,  125. 
Muncrephe  (Moncreiff),  Dominus  Ma- 

theus  de,  miles,  309- 
Munfichet,  Richardus  de,  303. 
Munfiehet,  Willelmus  de,  306. 
Munro,  Sir  Robert,  7. 
Murray,  Brae  of,  83. 
Murray,  James,  seventh  Earl  of,  14. 
Murray,  James,  Earl  of,  Regent  of  Scot- 
land, 36,  37,  109. 
Murray,  James,  the  "  Bonny  Earl "  of, 

66,  93,  94. 
Murray,  James  Stewart,  Earl  of,  83. 
Murray,  David,  bishop  of,  356,  369- 
Mydilton,  George,  bailie  of  Aberdeen, 

44,  46. 

Nairn,  83,  131. 

Napier,  Sir  Archibald,  first  Lord,  222. 

224,  227,  228. 
Neasch,  Walter,  master  of  Lardner  to 

James  VL,   1 14. 
Ness,  River,  20. 
Newhills,   172. 
Newton,  Laird  of,   151. 
Newton,   125. 
Nichol,   Dominus,    abbas   de    Lundors, 

310. 
Nicolson,  Thomas,  bailie  of  Aberdeen, 

35. 
Norfolk,    Thomas    Howard,    Duke    of, 

34. 

Ochiltree,  James,  Lord,  150,  162. 
Odo,  Senescaldus  (Episcopi  S.  Andree), 

318. 
Ogilvie,  George,  of  Aucharne,  135. 


423 


Ogilvie,  John,  of  Miltown,   135. 

Ogilvy,  Alexander,  of  Findlater,  274. 

Ogilvy,  James,  fiar  of  Cloway,  280, 
281. 

Ogilvy,  James,  of  Balfour,  282. 

Ogilvy,  James,  commendator  of  Dry- 
burgh  Abbey,  75,  77. 

Ogilvy,  Sir  Jolm,  of  Craigy,  282. 

Ogilvy,  Sir  John,  of  Innerquharitie,  282. 

Ogilvy,  John,  of  Stratherne,  75,  77, 
80. 

Ogilvy,  Patrick,  of  Inehmertine,  282. 

Ogilby,  Valterus  de,  de  Ouress,  323. 

Ogilvy,  Sir  WiUiam,  of  Stratherne, 
77,  80. 

Ogstoun,  Joannes,  de  eodem,  322. 

Olifard,  Walterus,  303. 

Oliphant,  Laurencius,  Dominus  de,  332. 

Oliphant,  Wilhelmus,  de  Newtoun,  332. 

Ordlethin,  270,  271. 

Orkney,  163,  166. 

Otterburn,  Adam,  of  Auldhame,  177, 
182. 

Oudny,  Ranald,  of  that  Ilk,  265,  266. 

Owchorsk,  Laird  of,  56. 

Paep,  Robert,  bailie  of  Aberdeen,  65. 

Panmure,  Harry,  Earl  of,  358,  374. 

Panton,  John,  of  Petmeithand,  258. 

Patricius,  Comes,  305. 

Peebles,  196. 

Perth,   215,   220,  243,  252,   264,  269, 

274,  280,  283,  284.  • 
Perth,  Assembly  of,  150. 
Perth,  Jacobus  de,  317,  318. 
Perth,  James,  first  Earl  of,  393,  395. 
Perth,  John,  second  Earl  of,  391,  393. 
Perth,  James,  fourth  Earl  of,  293,  295, 

296,  300. 
Perth,   Lady  Isabell    Seaton,   Countess 

of,  394. 
Perth,  Lady  Jean  Gordon,  Duchess  of, 

5. 
Perth,  Lady  Jean  Ker,  Countess  of,  397. 
Perth,  Samuel  de,  318. 
Peter  L  of  Russia,  97. 
Pethnick,  Laird  of,  135. 
Pethponti,  313. 


Pettinset,  125. 

Petty,  80,  83. 

Philippus,  Mariscallus,  249. 

Pitmedan,  Laird  of,  58. 

Pittarro,  Laird  of,  94,  106. 

Pittendreich,  119- 

Pittendreich,  Laird  of,  120,  121. 

Pittodrie,  175,  177. 

Pluskardyn,  Monasterium  Vallis  S. 
Andreede,  401,  403. 

Poikray  (Pockraw),  65. 

Portlethin,  Laird  of,  52. 

Praitt,  Thomas,  bailie  of  Aberdeen,  31. 

Prestoun,  Henricus  de,  311. 

Prestonhall,  Lord,  16. 

Primrose,  Gilbert,  clerk  of  secret  coun- 
cil, 228. 

Primrose,  Jacobus,  Clericus  Secreti 
Concilii,  208. 

QuEENSBEKRT,  Charles,  third  Duke  of. 

12,  13. 
Quinci,  Robertus  de,  305. 
Quytbertye,  123. 

Radulfus,  Capellanus  Reels,  305. 

Radulfus,  D  . . . .,  303. 

Rait,  William,  of  Hallgrein,  115. 

Ramsay,  Johannes  de  Murj',  213. 

Ranulphus,  Mariscallus,  249. 

Rategeddes,  80. 

Ratis,  Johannes  de,  319- 

Rattray,  John,  of  Kynward,  270. 

Rattray,   Silvester,    of   Craighall,    281, 

282. 
Ravaillac,  Francis,  96. 
Ravenscraig,  Laird  of,  292. 
Rayne,  Kirk  of,  41. 
Reid,  Gilbert,  of  CoUieston,  63,  339. 
Reid,  William,  of  CoUiston,  258. 
Reid  alias  Robertson,  John,  of  Strath- 

loche,  283,  284. 
Reidlone,  122,  123. 
Renfrew,  99. 

Retref,  Dominus  Ada  de,  miles,  313. 
Riehardus,  Mariscallus,  250. 
Ricardus,  Moraviensis  Episcopus,   304. 
Ridel,  Hugo,  303. 


424 


INDEX. 


Robert  I.,  211,  227,  233,  249,  250,  316, 

356,  369. 
Robert  II.,  367,  368,  370,  371,  373. 
Robert  III.,  370,  371. 
Robertson,  Alexander,  of  Faskellie,  283. 
Robertson,  Alaster,  in  Auchinrew,  283, 

284. 
Robertson,    Alexander,    of    Inchema- 

grunocht,  284. 
Robertson,  Charles,  in  Calwin,  283,  284. 
Robertson,  Duncan,  of  Dulcaper,  283. 
Robertson,  James,  in  Killisgewre,  283, 

284. 
Robertson,  John,  of  Straloch,  284. 
Robertson,  Robert,  of  Strowan,  chief  of 

the  Clan  Donachie,  283. 
Robertus,  Capellanus  de  Perth,  318. 
Robertas,   Episcopus    S.  Andree,   359, 

362. 
Robertus,  Mariscallus,  250. 
Robertus,  Prior  S.  Andree,  358. 
Rogerus,  Alius  Baudrys,  309. 
Ross,  163,  166. 
Ross,  David,  of  Holme,  135. 
Ross,  Huchoun,  of  Kilrawok,  77- 
Ross,  Walter,  of  Kinstary,  77. 
Ross,  William,  of  Kilbraakis,  131. 
Rossiclerach,  308,  309,  315,  317,  318. 
Rothemurcus,  Laird  of,  94,  1 35  ;  Thane 

of,  252. 
Rothemurkus,  128. 
Rothenach,  David  de,  313. 
Rothes,  139. 

Rothes,  John,  sixth  Earl  of,  115,  116. 
Rothes,  John,  seventh  Earl  of,  99. 
Roxburgh,  John,  first  Duke  of,  12,  246, 

247. 
Roxburgh,  Robert,  first  Earl  of,  397. 
Roxburgh,  William,  second  Earl  of,  397. 
Roxburgh,  William,  Master  of,  397. 
Ruderfurd,  Alexander,  bailie  of  Aber- 
deen, 46,  51,  52,  54,  56,  57,  58,  59, 

66,  67. 
Ruderfurd,   David,  bailie  of  Aberdeen, 

57,  59,  64,  66. 
Russel,  Andrew,  Warden   of  the  Friars 

Minors  at  Dundee,  327. 
Ruthven  (in  Badenach),  5 


Sajltoun,    Alexander,   sixth  Lord.  46, 

343. 
Saltoun,  George,  seventh  Lord,  345. 
Saltoun,  Alexander,  twelfth  Lord,  23. 
Samuel  Gillecolm,  Mariscallus,  249. 
Sancta  Cruce,  Abbas  de,  308. 
Saruni,  Liturgy  of,  364,  365,  366,   367. 
S.  Andrea,  W.  Prior  de,  318. 
Scatwell,  Lady,  9. 

Schaw,  Alexander,  de  Sauche,  200,  201. 
Scheves,  William,  coadjutor,  afterwards 

archbishop  of  St.  Andi-ews,  252,  253. 
Scone,  243,  308. 
Scott,  Georgius,  rector  de  Balmannoch, 

200,  201. 
Scott,  William,  of  Flawcrag,  257. 
Scotus,  Dominus  Michael,  miles,  313. 
Scrimgeour,  David,  of  Fardel,  269- 
Selkirk,  Hugo  de,  clericus,  312. 
Sethun,  Alexander  de,  248. 
Seton,  Alexander  de,  de  Gordon,  322. 
Seton,    Dominus   Alexander  de,  miles. 

319. 
Setton,  Alexander,    Laird  of  Meldrum, 

65. 
Setton,  James,  bailie  of  Aberdeen,  59. 
Shirefmylne,  Laird  of,  126. 
Slaines,  57,  224,  254,  260,  262,   264, 

267,  268,  273,  276,  322. 
Shandouis  (Chandos),  Duke  of,  6. 
Simon,  Dominus,  Abbas  Sancte  Crucis 

de  Edinburgh,  319- 
Simon,  Mariscallus,  249- 
Sinclair,  George,   chancellor  of   Caitli- 

ness,  343. 
Sinclair,  Robertus  de,  306. 
Sireis,  Adam  de,  318. 
Skene,  Sir  James,  president  of  tlie  Col- 
lege of  Justice,  222,  225,  227,  228. 
Skerisburg,  43. 
Smaloysel,  J.,  104. 
Smyth,  John,   secristrar  of  the  Kirk  of 

Aberdeen,  58. 
Soules,  Joannes  de,  miles,  314. 
Southesk,  David,  Lord  Carnegie,   first 

Earl  of,  115,  162. 
Spee,  usus  piscandi  in,  404. 
Spens,  Thomas,  of  Kynspinde,  269- 


425 


Spottiswood,   Dr.  John,   archbishop  of 

Glasgow,  afterwards  of  St.  Andrews, 

156,  157,  158,  159,  160,  161. 
Spottiswood,  Sir  Robert,  president  of 

the  College  of  Justice,  233. 
Spynie,  117,  119,  125,  126,  127,  128, 

129,  131,  132,    133,  136,  140,  142, 

143,  144. 
Spj'nie,  Alexander,  first  Lord   of,    134, 

135. 
Stair,  John,  second  Earl  of,  13. 
St.  Andrews,  215. 
Stewart,   Alexander,  of  Kelspokis,  93, 

94. 
Stewart,  David,    of  Rossythe,  knight, 

323. 
Stewart,  John,  of  Kincardine,  135. 
Stewart,    Sir   James,    of  Ballequhain, 

281. 
Stewart,  Robert,  of  Clavalge,  77. 
Stewart,  Thomas,  of  GrantiiUy,  94. 
Stillingfleet,    Dr.     Edward,    bishop    of 

Worcester,  357. 
Stirling,  37,  38,  44,  56,  89,  196,  200, 

205,  215,  304. 
Stirling,  Castle  of,  50. 
Stirling,    Sir   William    Alexander,    first 

Earl  of,  224. 
Stocket,  Hill  of,  98. 
Stotfauld,  120,  126. 
Stormont,  David  Lord  Scone,  and  first 

Viscount,  162. 
Strahern,  Gilbertus  Comes  de,  304. 
Straquhen,  George,  bailie  of  Aberdeen, 

54,  57,  59,  65,  67. 
Straquhen,   John,   Laird  of    Thornton, 

59. 
Strath  Allan,  89- 
Strath  Bogie,  44. 
Strath  Erne,  80,  138. 
Strath  Erne,  Laird  of,  75,  77,  83,  89. 
Strath  Errick,  10,  11,  23. 
Strath  Glass,  11. 
Strath  Naver,  83. 
Strath  Spey,  14,  16,  89,  123. 
Strichen,  Lord,  8,  10,  11,  20,  24. 
Stuart,  Theophelus,  master  of  the  Gram- 
mar School  of  Old  Aberdeen,  43. 


Stuard,  Walter,  sub-principal  of  the 
King's   College  of  Aberdeen,  53. 

Struy,  Eraser  of,  3. 

Sutherland,  Adam  Gordon,  Earl  of,  83. 

Sutherland,  Alexander,  Master  of,  83. 

Sutherland,  John,  tenth  Earl  of,  274. 

Sutherland  of  Duifus,  94. 

Sutherland,  John,  of  Kirkland,  122,  123. 

Symson,  Jacobus,  ofRcialis  S.  Andree, 
182. 

Tancard,  Thomas,  305. 

Tarbet,  Laird  of,  83. 

Tarradale  5. 

Tenand,   William,  warden  of  the  Friars 

Minors  of  Haddington,  327. 
Thirlstane,  John,  first  Lord,  206. 
Tholosa,    conventus   S.    Marie  de   An- 

gelis  in,  104. 
Thomas,  clericus  de  Ardinch,  307. 
Thomas,  Dominus,  abbas  de  Lundoris, 

310. 
Thornton,  Laird  of,  59- 
Thulidoui  (in  Moravia),  404. 
Tilliangus,  38. 
Towquhone   (Tolloquhone),    Laird    of, 

68,  258,  259. 
Traquaire,  John,  first  Earl  of,  346. 
Trumbelay,  Joannes  de,  319- 
Tullibardine,  Lady   Lilias   Drummond, 

Countess  of,  397. 
Tulidef,  Alexander,  of  that  Ilk,  255. 
Tulidef,  Andrew,   of  Raneistoun,  276, 

277. 
Turreff,  214,  286. 

Tweeddale,  John,  first  Marquis  of,  300. 
Tweeddale,  John,  fourth  Marquis  of,  1 2, 

13. 
Tyningham,     Richardus    de,     clericus, 

312. 

Udnt,  Ranald,  of  That  Lk,  265,  266. 
Urbanus   IV.,    Papa,    401,    403,    405, 

406. 
Urquhard,   ,    sheriff  of  Cromarty, 

83. 
Unthank,   123,   140. 
Ury,  lands  of,  322. 


426 


INDEX. 


Vallibds,  Johannes  de,  303. 
Vallibus,   Willelmus  de,  312. 
Valoniis,  David  de,  305. 
Valoniis,  Philippus  de,  303,  304. 
Valoniis,  Philippus  de,  Camerarius,  305. 
Valoniis,  Willelmus  de,  Camerarius  Re- 
gis, 306. 
Valy,  Willelmus  de,  319. 
Veteri  Ponte,  Willelmus  de,  304. 
Villa  Colbani,  Thomas  de,  305. 

Wade,  General,  7. 

Walcar,  William,  chaplain  in  the  parish 
kirk  of  Aberdeen,  55. 

Waldevus,  Comes,  303. 

Walleis,  Ada,  307. 

Walpole,  Sir  Robert,  8,   17,  23. 

Walterus,  Capellanus  Regis,  305. 

Wardes,  40. 

Watson,  Robert,  of  Cunyeis  Bog,  125. 

Wauss,  John,  of  Many,  275,  276. 

Wauss,  Robert,  265. 

Wgstoun,  Sir  Patrick,  201. 

Whitehall,  224. 

Whitemyres,  98. 

Wightman,  Mr.,  26. 

Wigton,  John,  second  Earl  of,  222,  224, 
227,  346. 

Wigton,  Lady  Jane  Drummond,  Coun- 
tess of,  397. 


Willelmus,  Rex  Scottorum,    248,  249, 

303,     304,     .306,    307,     318,    362, 

363. 
Willelmus,  Episcopus  S.  Andree,   306, 

317. 
Willelmus,  filius  Thore,  304. 
Willelmus,  Capellanus,  359. 
William  and  Mary,   166. 
William,  Bishop  of  Glasgow,  365. 
Williams,  Daniel,  357."     • 
Wintoun,   George,    third  Earl  of,  222, 

224,  227,  228. 
Wintonie,  Rogerus  de  Quinci,    comes, 

249. 
W^intonie,    Seyerus  de   Quinci,  -comes, 

249. 
Wishart,  John,  of  That  Ilk,  282. 
Wischart,  James,  of  Pettarow,  106. 
Wischart,  John,  of  Pitairo,  94. 
Wod,  William,  of  Bonnynton,  197,  198. 
Wodrow,   the    Rev.   James,   169,    171, 

173. 
Wodrow,  the  Rev.  Robert,  minister  at 

Eastwood,  147,  149- 
Wlhutyr,    foresta   que  vulgariter    nun- 

cupatur,  403. 
Wyrmyston,  Laird  of,  38. 

Yhab,  Friar  John,  minister  principal  of 
the  Friars  Minors  of  Scotland,  327. 


THE  END. 


PRINTED    AT  THE   ABERDEEN  CONSTITUTIONAL  OFFICE. 
BY    WILLIAM  BENNETT.